GUN 9th Circuit Incorporates 2nd Amendment

Discussion in 'On Topic' started by Jake!, Apr 21, 2009.

  1. Jake!

    Jake! Guest

    http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf
     
  2. Jake!

    Jake! Guest

    We therefore conclude that the right to keep and bear arms is “deeply rooted in this Nation’s history and tradition.” Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the “true palladium of liberty.” Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited.
     
  3. Bloody Sunday

    Bloody Sunday OT Supporter

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  4. Emfuser

    Emfuser Nuclear Moderator Super Moderator

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    I am floored that the 9th circuit court is the one to do this.

    Seriously :eek4:
     
  5. hsmith

    hsmith OT Supporter

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    god please don't let one of the conservative judges die :o
     
  6. Jurisbot Esq.

    Jurisbot Esq. Don't blame me I voted for Ron Paul. OT Supporter

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    selective incorporation is BS, either do it all or nothing.

    At least this worked out for us. 9th Circuit though :eek4:
     
  7. PanzerAce

    PanzerAce Active Member

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  8. konrad109

    konrad109 New Member

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    What does this mean for the Cook County assault gun ban and the Chicago handgun ban?
     
  9. Jake!

    Jake! Guest

  10. Jurisbot Esq.

    Jurisbot Esq. Don't blame me I voted for Ron Paul. OT Supporter

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    Not much until the Supreme Court rules on it.

    9th Circuit law governs on the west coast/Rockies. Illinois can ignore it all day long.
     
  11. Bacardi 151

    Bacardi 151 New Member

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    I wonder if the supreme court would hear this, especially after they avoided this question in Keller.

    Then what their ruling would be. I suppose they could again side step the issue and just rule on the matter at hand but that would surely make the 9th
    's stand on incorporate stand.
     
  12. PanzerAce

    PanzerAce Active Member

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    why would they rule on it? They'd probably look at it, say something along the lines of "You got incorporation, go find somewhere else to hold your gun shows" and return it.
     
  13. Jurisbot Esq.

    Jurisbot Esq. Don't blame me I voted for Ron Paul. OT Supporter

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    I don't know. The County won, but it wasn't based on the Court's incorporation of 2A. The Court barred the Plaintiff's from amending their compliant again the County to include a 2A challenge and the Plaintiff's other modes of challenge the County failed.

    The Plaintiff's may not want to appeal and take their "win" as it is now and keep up the good fight in the 9th Circuit.

    Lawsuits are going to start springing up even more so now against the state of california and san fran.

    Probably the Northwestern states that prohibit NFA items as well.
     
  14. PanzerAce

    PanzerAce Active Member

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    why would anything spring up against SF? Preemption already took care of the prop there.
     
  15. Bacardi 151

    Bacardi 151 New Member

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    Yeah.

    Couldn't someone else sue the county now based on the 2nd amendment?
     
  16. kellyclan

    kellyclan She only loves you when she's drunk.

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    Here I thought it was raining tonight, that was obviously pig piss pouring down upon me from the clouds.
     
  17. GlassUser

    GlassUser send an email not a pm OT Supporter

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    Am I still dreaming? Wat?
     
  18. Jurisbot Esq.

    Jurisbot Esq. Don't blame me I voted for Ron Paul. OT Supporter

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    Need to keep dreaming until the 5th Circuit or the Supreme Court follows suit.
     
  19. GlassUser

    GlassUser send an email not a pm OT Supporter

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    True.
     
  20. footratfunkface

    footratfunkface New Member

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  21. PanzerAce

    PanzerAce Active Member

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    Actually, it's very good for us. NORDYKE lost, not the people in the 9th circuit. If they sued again, if they could show that the ban would/could/did not appreciably change the crime rate, then they could get overturned. The problem is that up until this point, there was no way to argue a 2A case in the 9th really.
     
  22. Bacardi 151

    Bacardi 151 New Member

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    :werd:

    If I am reading the details of the case correctly, they lost the appeal to turn it into a 2nd amendment case, and therefore it lost on first amendment grounds. It did not lose on 2nd amendment grounds.
     

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