Gun Rights Case Inches Toward Supreme Court
A federal appeals court on September 24 will hear a high-profile gun rights case that's a leading candidate to end up before the U.S. Supreme Court.
The U.S. Ninth Circuit Court of Appeals is likely to decide whether the Second Amendment's guarantee of a right to "keep and bear arms" restricts only the federal government -- the current state of affairs -- or whether it can be used to strike down intrusive state and local laws too.
A three-judge panel ruled that the Second Amendment does apply to the states. But now a larger Ninth Circuit panel will rehear the case, a procedure reserved only for issues of exceptional importance, which means the earlier decision could be upheld or overruled.
Two other circuits have said the Second Amendment does not apply to the states, a legal term known as "incorporation." If the Ninth Circuit's en banc panel continues to disagree with its peers, the Supreme Court almost certainly would step in.
The Ninth Circuit case involves Russell and Sallie Nor****, who run a gun show business that would like to rent Alameda County's fairgrounds (the county includes Oakland and is across the bay from San Francisco). After being blocked, they sued. The author of the ordinance in question, then-county supervisor Mary King, actually claimed such shows are nothing but "a place for people to display guns for worship as deities for the collectors who treat them as icons of patriotism."
The hearing is set for 10 a.m. PT in the federal courthouse at 95 Seventh Street in San Francisco.
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High-Profile Gun Rights Case Inches Toward Supreme Court - Taking Liberties - CBS News
Oh My......The 9th Circuit.
Good luck with the 9th Circuit Court of Appeals. It is the largest collection of fruitcakes and nuts outside of the Casa de Fruita fruit stand on highway 152. They are anti-everthing which is why they are over turned most of the time by SCOTUS. :madsmile:
not necessarily a bad thing
Quote:
Originally Posted by
JohnF
Good luck with the 9th Circuit Court of Appeals. It is the largest collection of fruitcakes and nuts outside of the Casa de Fruita fruit stand on highway 152. They are anti-everthing which is why they are over turned most of the time by SCOTUS. :madsmile:
My own experience with the 9th Circuit Ct of Appeals is that it is the most likely of all the circuits to overturn an overbearing, stupid or oppressive government action. The smart losers then turn to the Supremes for relief. The Supreme Court as it is now set up is doing everything it can to uphold the power of government at the expense of individual liberties. If the Supremes take this case it won't be because they are all in favor of firearms. rather it will will be to find one more area where they can decide that federal law pre-empts state law.
sign me: experienced and still bleeding a little.
jn
