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To: tpaine
We should reject the theory that "the "individual right" argument does not hold any water in any court".

It's not a "theory," my friend, it's a flat out fact here in California, whether you like it or not. If you're going to wage a battle, you really need to know where the battle lines are drawn.

If plaintiffs [gun owners] are implying that a right to bear arms is one of the rights recognized in the California Constitution’s declaration of rights, they are simply wrong.
[California Supreme Court, Kasler v. Lockyer (2000)]

... the Second Amendment does not confer an individual right to own or possess arms...
[Federal Ninth Circuit Court of Appeals, Silveira v. Lockyer (2002)]

These are the two highest courts short of the US Supreme Court having jurisdiction in California. And if you attempt to make an "individual right" argument against a gun law in any lower court in California, you're going to be shot down immediately under the precedent of these and a few other decisions. The lower courts are bound to abide by them.

Yes, we all know that the Second Amendment is an individual right, but until the California courts recognize that, or we force them to recognize it by amending the constitution, then this is what we're stuck with.

And them's the facts as they stand until we get an individual rights ruling from the US Supreme Court or an amendment to the California constitution.

50 posted on 01/27/2003 3:34:17 PM PST by mvpel
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To: mvpel
We should reject the theory that "the "individual right" argument does not hold any water in any court".
This is an incredible stance to take regardless of the rationalizations put forth.
We can still try to change the Ca constitution, without agreeing to an unconstitutional premise.
-tpaine-

Yes, we all know that the Second Amendment is an individual right, but until the California courts recognize that, or we force them to recognize it by amending the constitution, then this is what we're stuck with.
-mvpel


You agree that the Second Amendment is an individual right.
-- But claim that until the California courts recognize that, or we force them to recognize it by amending the Ca constitution.-

--- That we are stuck with their unconstituional gun laws. - And if we can't or don't win, we can move.

- OK. -- So be it.
--- On those terms, I submit we will never win. - Our opponents are not idiots. - Thanks for your imput.



51 posted on 01/27/2003 4:52:00 PM PST by tpaine
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