Calif. ruling called gun-control landmark

United Press International ^ | 12/6/2002 8:39 AM | National Desk

[Liberal Classic]

SAN FRANCISCO, Dec. 6 (UPI) -- A federal appeals court ruling upholding California's ban on assault rifles was being portrayed Friday as a landmark in the constitutional debate over the right to bear arms.

In a 72-page ruling issued Thursday, the Ninth Circuit Court of Appeals said the Second Amendment only guarantees the rights of states to organize a militia, and doesn't say anything about citizens being allowed to own semi-automatic weapons or any other firearms.

"With the federal assault weapons ban scheduled to sunset next Congress, the California law stands as one example of how to more effectively restrict these weapons of war," said Matt Nosanchuk, legislative counsel for the Violence Policy Center.

The Ninth Circuit's unanimous ruling by a three-judge panel was at odds with a Fifth Circuit ruling known as the Emerson decision upholding an individual's right to possess a weapon, stating that the Second Amendment pertained to the organization of an organized, state-sponsored militia, and not "an 'unregulated' mob of armed individuals."

"Individual rights advocates have waved the Emerson decision like a battle flag," Nosanchuk said in a statement. "All they have done is awaken a sleeping giant of clear legal thinking and sound historical analysis that finds that the Second Amendment does not guarantee an individual right to own a gun."

The court agreed, however, that police officers that protect public safety were allowed to own firearms.

California Attorney General Bill Lockyer said the state had no desire to take away the rights of people to hunt or to protect themselves and their homes, however the state was intent on keeping high-powered weapons off the streets.

"While I respect the rights of Californians to pursue hunting and sports-shooting, and of law-abiding citizens to protect their homes and businesses, there is no need for these military-style weapons to be on the streets of our state," Lockyer said.

There was no immediate word as to whether the Justice Department would appeal the ruling or seek a full court review; meanwhile some gun-owners groups concluded the ruling was flawed.

"I don't think the court gets it at all," Larry Pratt, executive director of Gun Owners of America told the Los Angeles Times. "The court neglected to mention self-defense when discussing legitimate uses of guns."

(Reported by Hil Anderson in Los Angeles)

[pgyanke]

"In a 72-page ruling issued Thursday, the Ninth Circuit Court of Appeals said the Second Amendment only guarantees the rights of states to organize a militia, and ***doesn't say anything about citizens being allowed to own semi-automatic weapons or any other firearms.***"

---

Okay, I'll bite... Ever heard of the 10th Amendment?

[jonascord]

If it LOOKS like a nine year old girl's idea of an "assault rifle" it is. Bayonet lugs, pistol grips, detachable magazines, flash suppressors, recoil compensators, dark colors, non-reflective finishes, black cats, witch's marks, a hooting owl, possession of the Host, dancing naked in the moonlight, are all indicators of evil intent, and communion with the NRA. You have your subscription to the New Republic revoked, and are burned at the stake.

[FreeTally]

I agree, this is a better case.

[society-by-contract]

www.jpfo.org

[Fiddlstix]

BTTT

[ZULU]

Isn't this the same collection of nitwits who said the Pledge of Allegiance was unconstitutional?

Isn't there some way to purge the courts of idiots like this??

[SirFishalot]

I also agree, this is a much better case for SCOTUS.

[NRA2BFree]

Isn't this the same Liberal court that ruled with that doctor to remove "Under God" out of the Pledge?

[GnL]

Emerson was convicted of violating a section of the U.S. Code, 18 U.S.C. 922(g)(8) and was prosecuted in Federal court by a U.S. attorney, hence the Justice Department's involvement.

This 9th circuit case, Silveira v. Lockyer, involved private plaintiffs challenging a state law (hence AG Lockyer as the defendant) on federal grounds. Now that plaintiffs have lost their appeal, how does the Justice Dept step in and appeal it to SCOTUS? The Justice Dept was never involved.

[harpseal]

It is almost time.

Stay well - Stay safe - Stay armed - Yorktown

[Liberal Classic]

Yep. Same appellate court. The 9th circuit is notorious for pro-environmental rulings, as well. Didn't they uphold the Glancing Geese doctrine, as well as protection of the spotted owl?

[the gillman@blacklagoon.com]

I'll wait to see if wiser scholars than I weigh in on this.
Don't they have an obligation to uphold the Constitution?
This seems to be a direct assault on it.

[Trailerpark Badass]

Emerson a poor test case. Dr. Emerson was not the most innocent of victims.

Why would you say that? I thought I had read that he was acquitted of the assault charge and that the trial judge admonished his estranged wife for essentially making things up on the stand.

Did I get it wrong?

[Redcloak]

A question for our resident legal beagles: Is Silveira a better case for SCOTUS to take than Emerson? This case seems to be more focused on the meaning of the 2nd Amendment than was Emerson.

(Also, 9th Circuit rulings in general tend to fair poorly with SCOTUS. I can't imagine one that cites Michael Bellesiles twice would do any better than their previous offerings!)

[Publius6961]

the Ninth Circus Court?
Yawn. Another reversal...

[harpseal]

This ruling by the Ninth Circuit is in direct contradiction to the ruling by the Fifth Circuit. At some point soon the SCOTUS will have to resolve the differences between these two circuits. Now anyone who has paid attention knew that the Ninth Circuit would take the collective rights stand. It looks like it will go to the Supremes and we shall see what they rule. If the SCOTUS does not uphold the individual right then I would suggest we are no longer in the awkward time.

Stay well - Stay safe - Stay armed - Yorktown

[IGOTMINE]

The Ninth Circuit...the most overturned court in the land.

Hopefuly W will have a chance to make a couple of Supreme Court appointments before this ends up in SCOTUS.

[Publius6961]

Left-wing decisions are always "landmark" or "ground breaking." Conservative decisions are always "steps backwards" or "dangerous." Didn't you get the memo? ;)

Must be that conservative mean-spirited-controlled media again.

Ha ha?

[jjm2111]

"Its an ideological ruling from the Nine Circus clowns. Of course its just like the Sarah Brady anti-gun nuts and the liberal media to wax euphoric over it as though it where a divine decree from Heaven. It ain't nothing of the kind."

I agree and it bears repeating. I bet the Nine Circus Clowns were drooling in anticipation of ruling this way. Also, if the entire staff of the Violence Policy center would jump into a giant vat of boiling shit, I would be a very happy man.

[Cacique]

btt