Ninth Circuit judge reminds us of the #1 reason for the 2nd A

This is a discussion on Ninth Circuit judge reminds us of the #1 reason for the 2nd A within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Albeit a dissenting opinion... He was right. Story from another site: http://www.usacarry.com/judge-remind...07dfd-47525637 Pretty good, considering the Ninth covers California. Yeah, I got tapatalk, too. So ...

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Thread: Ninth Circuit judge reminds us of the #1 reason for the 2nd A

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    VIP Member Array oakchas's Avatar
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    Ninth Circuit judge reminds us of the #1 reason for the 2nd A

    Albeit a dissenting opinion... He was right.

    Story from another site: http://www.usacarry.com/judge-remind...07dfd-47525637


    Pretty good, considering the Ninth covers California.



    Yeah, I got tapatalk, too. So what?
    ccw9mm, ANGLICO, Eagleks and 2 others like this.
    Politicians, take note of Colorado 9/10/2013.
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    Quote Originally Posted by oakchas View Post
    Albeit a dissenting opinion... He was right.

    Story from another site: Judge Reminds Us of the #1 Reason We Own Guns - USA Carry


    Pretty good, considering the Ninth covers California.



    Yeah, I got tapatalk, too. So what?
    Although I don't doubt that one of them may have written that, and I have a guess as to who, just a guess which could be far off the mark, it sure would have been helpful if the authors of the article linked to above in post 1 had stated the case and named the Justice.

    Alex Kozinski - Wikipedia, the free encyclopedia ??????????

    Well my chances of guessing correctly are about 1 in 9. Anyone have the case and justice info?
    Last edited by Hopyard; May 28th, 2013 at 11:39 PM. Reason: removed incorrect assessment of Judge's positions on the liberal-conservative axis
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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    VIP Member Array ccw9mm's Avatar
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    Unless I've missed something, the author failed to cite the court case in question. He merely indicates it was "years ago."

    Does anyone know which case and when this was??
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, GOA, OFF, ACLDN.

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    I really, really like the judge's wording here:

    The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.
    I don't think I could word it any better myself. Sadly, it's becoming more and more probable/evident in the recent years.
    ccw9mm likes this.

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    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by Hopyard View Post
    Although I don't doubt that one of them may have written that, and I have a guess as to who, just a guess which could be far off the mark, it sure would have been helpful if the authors of the article linked to above in post 1 had stated the case and named the Justice.

    Alex Kozinski - Wikipedia, the free encyclopedia ?????????? I think one of the most liberal minded there btw.

    Well my chances of guessing correctly are about 1 in 9. Anyone have the case and justice info?
    Quote Originally Posted by ccw9mm View Post
    Unless I've missed something, the author failed to cite the court case in question. He merely indicates it was "years ago."

    Does anyone know which case and when this was??
    I too, would like to know... I hope it's honest reportage. Probably is, but the citation would be useful, certainly.

    Yeah, I got tapatalk, too. So what?
    Politicians, take note of Colorado 9/10/2013.
    "You are elected to service, not power.
    Your job is to "serve us" not to lord power over us."
    Me, 9/11/13

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    The case is Silveria v. Lockyer, and the quote is from the 2002 decision do deny a petition to rehear the case en banc before the 9th Circuit. The Judge in question is Alex Kozinski, a Reagan appointee (he should be sitting on the Supreme Court but alas, time on politics do not seem to be in his favor).

    Here's another Gem from the dissent:

    Fortunately, the Framers were wise enough to entrench the right of the people to keep and bear arms within our constitutional structure. The purpose and importance of that right was still fresh in their minds, and they spelled it out clearly so it would not be forgotten. Despite the panel's mighty struggle to erase these words, they remain, and the people themselves can read what they say plainly enough:

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    The sheer ponderousness of the panel's opinion — the mountain of verbiage it must deploy to explain away these fourteen short words of constitutional text — refutes its thesis far more convincingly than anything I might say. The panel's labored effort to smother the Second Amendment by sheer body weight has all the grace of a sumo wrestler trying to kill a rattlesnake by sitting on it — and is just as likely to succeed.



    By the way, Kozinski is one of those rare combination of brilliant intellect and personality. He's also the only appellate judge that I know of to have won as a contestant on "The Dating Game."

    -PEF, a Framer with a Steelie...
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    2. Never let the muzzle cover anything you are not willing to destroy.
    3. Keep your finger off the trigger until your sights are on the target.
    4. Be sure of your target and what is beyond it.

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    Quote Originally Posted by ccw9mm View Post
    Unless I've missed something, the author failed to cite the court case in question. He merely indicates it was "years ago."

    Does anyone know which case and when this was??
    Best I can tell this was not actually a case that was actually heard. It was a vote to deny the petition for rehearing en banc in the case of SILVEIRA v. LOCKYER filed May 6, 2003. The dissenting opinion advocating for hearing the petition for a rehearing and the justice that articulated this statement was KOZINSKI, Circuit Judge. This was quoted in another case NORDYKE v. KING, but I believe the original statement came from the SILVEIRA case.

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    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by PEF View Post
    The case is Silveria v. Lockyer, and the quote is from the 2002 decision do deny a petition to rehear the case en banc before the 9th Circuit. The Judge in question is Alex Kozinski, a Reagan appointee (he should be sitting on the Supreme Court but alas, time on politics do not seem to be in his favor).

    Here's another Gem from the dissent:

    Fortunately, the Framers were wise enough to entrench the right of the people to keep and bear arms within our constitutional structure. The purpose and importance of that right was still fresh in their minds, and they spelled it out clearly so it would not be forgotten. Despite the panel's mighty struggle to erase these words, they remain, and the people themselves can read what they say plainly enough:

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    The sheer ponderousness of the panel's opinion the mountain of verbiage it must deploy to explain away these fourteen short words of constitutional text refutes its thesis far more convincingly than anything I might say. The panel's labored effort to smother the Second Amendment by sheer body weight has all the grace of a sumo wrestler trying to kill a rattlesnake by sitting on it and is just as likely to succeed.



    By the way, Kozinski is one of those rare combination of brilliant intellect and personality. He's also the only appellate judge that I know of to have won as a contestant on "The Dating Game."

    Thanks, PEF!

    Yeah, I got tapatalk, too. So what?
    Politicians, take note of Colorado 9/10/2013.
    "You are elected to service, not power.
    Your job is to "serve us" not to lord power over us."
    Me, 9/11/13

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    Very interesting. And even though I don't approve of their final decision, this is excellent.
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    Quote Originally Posted by PEF View Post
    The case is Silveria v. Lockyer, and the quote is from the 2002 decision do deny a petition to rehear the case en banc before the 9th Circuit. The Judge in question is Alex Kozinski, a Reagan appointee (he should be sitting on the Supreme Court but alas, time on politics do not seem to be in his favor).

    Here's another Gem from the dissent:

    Fortunately, the Framers were wise enough to entrench the right of the people to keep and bear arms within our constitutional structure. The purpose and importance of that right was still fresh in their minds, and they spelled it out clearly so it would not be forgotten. Despite the panel's mighty struggle to erase these words, they remain, and the people themselves can read what they say plainly enough:

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    The sheer ponderousness of the panel's opinion — the mountain of verbiage it must deploy to explain away these fourteen short words of constitutional text — refutes its thesis far more convincingly than anything I might say. The panel's labored effort to smother the Second Amendment by sheer body weight has all the grace of a sumo wrestler trying to kill a rattlesnake by sitting on it — and is just as likely to succeed.



    By the way, Kozinski is one of those rare combination of brilliant intellect and personality. He's also the only appellate judge that I know of to have won as a contestant on "The Dating Game."

    I won't offer an opinion on whether he should have been elevated to a higher post, but I can say that I usually enjoy
    watching him ask questions of the attorneys appearing before the court. Bright bulb indeed.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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    VIP Member Array ccw9mm's Avatar
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    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, GOA, OFF, ACLDN.

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    VIP Member Array oakchas's Avatar
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    That dissent is full of gems... thanks CCW


    BTW Hop guessed right...
    Politicians, take note of Colorado 9/10/2013.
    "You are elected to service, not power.
    Your job is to "serve us" not to lord power over us."
    Me, 9/11/13

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