9th circuit rules on 2nd ammd-YES INSTEAD OF NO

[Litt'le Lee]

http://www.warrifles.com/forums/show...058#post533058

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[Art]

I'm sure its great news but I can't read it since I don't have an account with them :-(

[M1Riflenut]

Here ya go

NEWS RELEASE
Second Amendment Foundation
12500 NE Tenth Place • Bellevue, WA 98005
(425) 454-7012 • FAX (425) 451-3959 • Second Amendment Foundation Online


NINTH CIRCUIT RULES 2ND AMENDMENT INCORPORATED TO STATES


For Immediate Release: Contact: Alan Gottlieb (425) 454-7012

BELLEVUE, WA – The Second Amendment Foundation today applauded the U.S. Ninth Circuit Court of Appeals in San Francisco for ruling that the Second Amendment is incorporated against the states and local governments.

The majority opinion was written by Judge Diarmuid F. O'Scannlain, with a concurring opinion from Judge Ronald M. Gould, who wrote, “The right to bear arms is a bulwark against external invasion..That we have a lawfully armed populace adds a measure of security for all of us and makes it less likely that a band of terrorists could make headway in an attack on any community before more professional forces arrived.”

Although the court found against the plaintiffs in the case of Nor**** v. King – Russell and Sallie Nor****, operators of a gun show in Alameda County, CA – the court acknowledged that its earlier position that the Second Amendment protected only a collective right of states has been overruled by the Supreme Court’s 2008 historic ruling in District of Columbia v. Dick Anthony Heller. That was the case in which the high court ruled that the Second Amendment protects an individual civil right to keep and bear arms.

“This is a great victory for advancement of the fundamental individual right of American citizens to own firearms,” said SAF founder Alan Gottlieb. “The Ninth Circuit panel has acknowledged that the Heller ruling abrogated its earlier position on the Second Amendment, and it further clarified that the Second Amendment is incorporated to the states through the Fourteenth Amendment through the due process clause.”

SAF attorney Alan Gura, who successfully argued the Heller case before the Supreme Court in March 2008, filed an amicus brief in the Nor**** case. The Nor****s sued when Alameda County banned gun shows at the county fairgrounds by making it illegal to bring or possess firearms or ammunition on county property.

“The Heller ruling in 2008 was the first critical step toward full restoration of the individual citizen’s right to keep and bear arms to its rightful position as a cornerstone of the Bill of Rights,” Gottlieb observed. “This victory in the Ninth Circuit not only reinforces the Heller ruling, it expands upon it.”


The Second Amendment Foundation (Second Amendment Foundation Online) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.



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[talucah]

Does this mean that SCotUS will have to rule if a suit is brought against Chicago?
Bob

[Art]

No, it means SCOTUS will have the option of rulling if a suit makes it through the district and circuit courts to SCOTUS. I strongly suspect that in light of the 9th Circuit ruling that the City of Chicago would lose and the case would never make it past the Circuit Court.

[Jim K]

This one is big, since the anti-gun gangsters have attempted to ban guns in state and local legislatures after failing to get their agenda through Congress.

The anti-gun argument has been that 2A only protects the rights of states to maintain a militia and prevents the federal government from stopping them from doing so. Hence it does not apply to individuals, and both the federal government and the states can not only prohibit individuals from owning guns but impose draconian penalties for doing so, even up to and including the death penalty. The ACLU basically argues the same way, saying the Heller decision is void because they don't agree with it.

Jim

[John Sukey (Deceased)]

I often wondr why the libs think the 2nd amendment refers only to the National Guard, an organization that DID NOT EXSIST until the 20th century!

[Quarks]

I often wondr why the libs think the 2nd amendment refers only to the National Guard, an organization that DID NOT EXSIST until the 20th century!

John, you're trying to apply logic to an illogical argument!

[ClaudeH]

Does this mean that SCotUS will have to rule if a suit is brought against Chicago?
Bob

Suit has already been brought against Chicago, The Illinois State Rifle Association brought suit within minutes of the Heller decision!

This case is already at the Federal Appellate level, in a district which has previously ruled that the Second Amendment does not protect individual rights.

I haven't heard any competent legal comment on this specific case, but it seems to me that we're off to the races, if this district doesn't reverse itself like the Ninth just did then ISRA vs. Chicago should on a fast track to the Supreme Court.

[John Sukey (Deceased)]

What really shocks me is that this decision came from the ultra-liberal 9th Circus