Ruling: Second Amendment does not provide an individual right to own or possess guns

California Appellate Court via Met News ^ | 12/5/02 | Allan J. Favish

[AJFavish]

-Individual Rights-

Individual plaintiffs lacked standing to challenge the California Assault Weapons Control Act since the Second Amendment does not provide an individual right to own or possess guns or other firearms. Equal Protection Clause does not invalidate provision of AWCA granting an exception from assault weapon restriction for off-duty officers since allowing such officers to perform law enforcement functions is a rational basis for the exception. Exception from assault weapon restriction for retired officers promotes no valid state interest and violates the Equal Protection Clause.

Silveira v. Lockyer - filed Dec. 5, 2002

Cite as No. 0115098

Full text http://www.metnews.com/sos.cgi?1202%2F0115098

[chuknospam]

bump

[45Auto]

Illegal.

Same Mini 14, but with different stock and grip. Same damn cartridge: .223. Same semi-auto, gas operated rifle. Both Ar and Mini feed from a detachable magazine. Assinine laws.

[elbucko]

It seems to strange to me that when I was 22 the government made me take one of those, but when I turned 44 they wouldn't let me have one if I paid for it myself.

You too?

What we fought for was the right of Democrats to do anything they want.

[45Auto]

However, this is LEGAL because it has a fixed mag.

[elbucko]

Same Mini 14, but with different stock and grip. Same damn cartridge: .223...

When a woman looks at this model of a mini-14, she see's nothing but an attractive nuisance. Something her kid may think of as cool. Sometimes we can be our own worst enemy.

[45Auto]

I suppose, BUT...we are either living in Free Constitutional Republic, or we are not. The Constitution does not say that hysterical women can overrule the Bill of Rights.

[elbucko]

that hysterical women can overrule the Bill of Rights.

I agree with you. But they vote before they ever learn to shoot, or learn about the Constitution.

[FreedomPoster]

Ping. More interesting 2A action.

[Travis McGee]

There now exists in this Republic a conspiracy of all three branches of government to deny Constitutional rights when it comes to the 2nd. What recourse is there?

BLOAT, cache, and take names!

[Bob J]

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[Travis McGee]

Did you know that when I took my black fiberglass Choate pistol grip folding stock off of my Mini 14 and put the wood stock back on to make it Kali legal, its muzzle velocity dropped from 3,000 fps to 300 fps?

Now it won't even knock over a can. Totally harmless.

And it will only take ten round magazines, the 30 rounders won't fit any more.

Miraculous how that happened. Those legislators are geniuses.

[Travis McGee]

Thanks for the bumpage!

[MosesKnows]

The 9th Circuit Court can put their boots in the oven but that won't make-em biscuits.

[TheErnFormerlyKnownAsBig]

CWW, feel free to pick my comments apart.

Here is my favorite quote from this stupid ruling.

"We also agree that the enitre subject of the meaning of the Second Amnedment deserves more consideration than we, or the Supreme Cour, have thus far been able (or willing) to give it."

Well at least they admit they weren't willing to do the scholarly work the Fifth Court did in the Emerson decision (which they note in the next paragraph. "... there is the recent Emerson decision in which the Fifth Ciruit, after analyzing the opinion at length, concluded that he Supreme court's decision in Miller did not resolve the issue of theemendment's meaning. The Emerson court then canvassed the pertinent scholarlsip and historical materials, and held that he Second Amendment does establish and individual right to possess arms..."

They, if I'm reading this correctly admit to not doing scholary work when researching the meaning of the decision thus ignoring the Apellent's Second Ammendment arguement and then saying since the Apellent has no Individual Right to possess firearms the Fourth Ammendment doesn't apply.

[teeman8r]

the 9th circuit court actually asked for the decision from that mensa woman who knows everything... she posted her decision and since she knows everything, they ruled that way...

i wish i could remember her name, it would have made the joke a bit more laughable.... or even funny...

i guess you had to be there.

[secretagent]

Perhaps Marilyn Von Savant, the world's smartest person.

[secretagent]

Correction: Marilyn Vos Savant

[TheErnFormerlyKnownAsBig]

Unless I read the ruling wrong I think they tossed the part giving and exeption to retired police officers. It wouldn't be the first time I was wrong so maybe I read it wrong.

[TheErnFormerlyKnownAsBig]

Did you know that when I took my black fiberglass Choate pistol grip folding stock off of my Mini 14 and put the wood stock back on to make it Kali legal, its muzzle velocity dropped from 3,000 fps to 300 fps?

What did you do with the extra stock? Build a folding lamp for you reading chair?