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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.
Full article (+ more)
High-Profile Gun Rights Case Inches Toward Supreme Court - Taking Liberties - CBS News
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08-27-2009 01:10 PM
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Thanks for that. Should be interesting to follow...if we're allowed to here.
I see this as 'gun talk' but others may see it as 'political'. Where might issues such as this be followed now? Do we need to find another gun site for such conversations, or is this OK now that the 2nd Amendment forum is closed?
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As always there is "grey" in any area that a "black and white" rule is not made.
The purpose of Gun Talk is to allow some latitude for off topic general discussion related to guns, collecting and the military. It's deliberately left vague and no action will be taken on a thread provided it doesn't develop into something that doesn't align with the general site purpose.
What Gun Talk isn't, is a place to discuss politics.
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Originally Posted by
7.62 NATO
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 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."
Now it makes sense to me. She wouldn't rent the county property to someone who was going to use government property for a religious purpose. Yep, makes perfect sense to me.
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Quote:
"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."
If we worship guns as deities, is that not considered "freedom of religion"?
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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.
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Good luck, I hope that you have as good, if not better, result from the previous case!!
So I can't spell, so what!!!
Those who fail to learn from history are doomed to repeat it.
Those who beat their swords into ploughshares, will plough for those who don't!
Be polite. Be professional. But, have a plan to kill everyone you meet.
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not necessarily a bad thing
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.
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
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Not politics , news.
SCOTUS has agreed to hear the landmark McDonald v Chicago gun ban case:
www.saf.org/viewpr-new.asp?id=304
The Second Amendment Foundation stays busy . Check out the lawsuits.
Second Amendment Foundation Online
Looks like NRA v Chicago will stay in reserve for a while. The SAF and the NRA are close allies and work well together.
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