1 posted on
12/10/2002 4:19:00 PM PST by
45Auto
To: 45Auto
One would think California has more important concerns than gun control. This wrong headed decision is apopros from a state that's sliding down the tubes. And the bad news about the budget deficit is only going to get worse after January. We should all be so lucky that in the august opinion of the Nine Clowns, that gun owners are the greatest threat to the well-being of Californians. Let's hope the SCOTUS sees this nonsense for the ideological GIGO only liberals could have produced.
To: *bang_list
bang
To: 45Auto
I think the decision is excellent: By creating a direct conflict, it raises the chance SCOTUS will have to rule. And the fact that the opposing side is nobly taken by the Ninth Circus court - the most overturned court in history, is just icing. Their collective-rights-only decision quoted former SCOTUS justice Burger in a Parade magazine interview - as opposed to any of his legal decisions, and it also cited the disgraced fraud Michael Bellesiles of "Arming America" infamy, among other things. It ought to be pretty simple for the present SCOTUS to cut the Ninth to ribbons, and I look forward to this taking place.
4 posted on
12/10/2002 5:02:50 PM PST by
coloradan
To: 45Auto
In 1943 Supreme Court Justice Jackson wrote, the very purpose of a Bill of Rights, "was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections." The 9th Circuit disagrees. Hopefully this was part of a decision and not mere personal opinion. This would be a nice precedent to build from.
6 posted on
12/10/2002 5:56:04 PM PST by
copycat
To: All
7 posted on
12/10/2002 5:56:24 PM PST by
Bob J
To: 45Auto
H.R.1752
Federal Courts Improvement Act of 2000 (Engrossed as Agreed to or Passed by House)
`Sec. 464. Carrying of firearms by judicial officers
`(a) AUTHORITY- A judicial officer of the United States is authorized to carry a firearm, whether concealed or not, under regulations promulgated by the Judicial Conference of the United States. The authority granted by this section shall extend only--
`(1) to those States in which the carrying of firearms by judicial officers of the State is permitted by State law; or
`(2) regardless of State law, to any State in which the judicial officer of the United States sits, resides, or is present on official travel status.
`(1) REGULATIONS- The regulations promulgated by the Judicial Conference under subsection (a) shall--
`(A) require a demonstration of a judicial officer's proficiency in the use and safety of firearms as a prerequisite to carrying of firearms under the authority of this section; and
`(B) ensure that the carrying of a firearm by a judicial officer under the protection of the United States Marshals Service while away from United States courthouses is consistent with Marshals Service policy on carrying of firearms by persons receiving such protection.
`(2) ASSISTANCE BY OTHER AGENCIES- At the request of the Judicial Conference, the Attorney General and appropriate law enforcement components of the Department of Justice shall assist the Judicial Conference in developing and providing training to assist judicial officers in securing the proficiency referred to in paragraph (1).
`(c) DEFINITION- For purposes of this section, the term `judicial officer of the United States' means--
`(1) a justice or judge of the United States as defined in section 451 in regular active service or retired from regular active service;
`(2) a justice or judge of the United States who has been retired from the judicial office under section 371(a) for--
`(A) no longer than a 1-year period following such justice's or judge's retirement; or
`(B) a longer period of time if approved by the Judicial Conference of the United States when exceptional circumstances warrant;
`(3) a United States bankruptcy judge;
`(4) a full-time or part-time United States magistrate judge;
`(5) a judge of the United States Court of Federal Claims;
`(6) a judge of the United States District Court of Guam;
`(7) a judge of the United States District Court for the Northern Mariana Islands;
`(8) a judge of the United States District Court of the Virgin Islands; or
`(9) an individual who is retired from one of the judicial positions described under paragraphs (3) through (8) to the extent provided for in regulations of the Judicial Conference of the United States.
`(d) EXCEPTION- Notwithstanding section 46303(c)(1) of title 49, nothing in this section authorizes a judicial officer of the United States to carry a dangerous weapon on an aircraft or other common carrier.'.
(b) TECHNICAL AND CONFORMING AMENDMENTS-
(1) The table of sections for chapter 21 of title 28, United States Code, is amended--
(A) in the item relating to section 452, by striking `power' and inserting `powers'; and
(B) by adding at the end the following:
`464. Carrying of firearms by judicial officers.'.
(2) The section heading for section 453 of title 28, United States Code, is amended to read as follows:
To: 45Auto
Those bay area limousine liberals maintain their politically correct heads SO far in rectal defilade it would require major surgery to extricate them.LOL!
OK, who had to look up defilade?
5.56mm
10 posted on
12/10/2002 6:07:11 PM PST by
M Kehoe
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