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To: VRWC_minion
That's what it looks to me from the information I had. California has no RKBA, so that answers that question, but I need to know how they argued against the AW ban there. If the challengers mentioned the 2nd amendment IN THEIR briefs, it can sway me against.

I need to look that up. I'll admit that I have a prejudice against Californias to start with on gun issues, so I need to be certain before I saw "This person deserves me support".

My first choice is either Robert Young, Stephen Markman, Cliff Taylor, or Maura Corrigan. Those four run Michigan's Supreme Court and are strict constitutionalists.

140 posted on 02/09/2003 2:16:56 PM PST by Dan from Michigan ("Yippee Kai Aye......")
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To: Dan from Michigan
Check out her concurring opinion in Kasler v. Lockyer (2000).

Some snippets:

Curiously, in the current dialectic, the right to keep and bear arms – a right expressly guaranteed by the Bill of Rights – is deemed less fundamental than implicit protections the court purports to find in the penumbras of other express provisions. . . .

But surely, the right to preserve one’s life is at least as fundamental as the right to preserve one’s privacy.

The founding generation certainly viewed bearing arms as an individual right based upon both English common law and natural law, a right logically linked to the natural right of self-defense. Blackstone described self-defense as the “primary law of nature,” which could not be taken away by the law of society. . . . Extant political writings of the period repeatedly expressed a dual concern: facilitating the natural right of self-defense and assuring an armed citizenry capable of repelling foreign invaders and quelling tyrannical leaders.

After the Civil War a series of enactments, culminating with the Fourteenth Amendment, acknowledged the correlation between self-defense, citizenship, and freedom. Section 14 of the Freedman’s Bureau Act, which the 39th Congress passed over the President’s veto, provided: “That in every State or district where the ordinary course of judicial proceedings has been interrupted by the rebellion, . . . the right to . . . have full and equal benefit of all laws and proceedings concerning personal liberty, personal security, and the acquisition, enjoyment, and disposition of estate, real and personal, including the constitutional right to bear arms, shall be secured to and enjoyed by all the citizens of such State or district without respect to race or color or previous condition of slavery. . . .” (Freedman’s Bureau Act (July 16, 1866) 14 Stat. 176, italics added; see Halbrook, Second Class Citizenship and the Second Amendment in the District of Columbia (1995) 5 Geo. Mason U. Civ. Rts. L.J. 105, 141-150 (Second Class Citizenship).)

Halbrook concludes the Freedman’s Bureau Act, the Civil Rights Act of 1866, and the Fourteenth Amendment leave no doubt that “ ‘the constitutional right to bear arms’ is included among the ‘laws and proceedings concerning personal liberty, personal security,’ and property, and that ‘the free enjoyment of such immunities and rights’ is to be protected” (Second Class Citizenship, supra, 5 Geo. Mason U. Civ. Rts. L.J. at p. 150) under the Fourteenth Amendment, which would confer citizenship on all persons born in the United States and imbue them with every right of citizenship, including the right to keep and bear arms. (Ibid.) . . .

The media keep the horrific visions of gun violence ever before our eyes. These acts of individual madness are undeniably tragic and totally unacceptable in a civilized society. But there are other horrific visions – the victims of which number in the millions – perpetrated by governments against unarmed populations. . . .

The framers could have had no conception of the massive scale on which government-sanctioned murder would be committed in the twentieth century, but they had a keen appreciation of the peril of being defenseless. That wariness is reflected in the Constitution.


176 posted on 02/09/2003 11:27:28 PM PST by Sandy
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