9th Circuit: 2nd Amendment applies to states - merged X 2

This is a discussion on 9th Circuit: 2nd Amendment applies to states - merged X 2 within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Wow! Imagine a ruling like that coming from a court in California, much less the anti-gun capitol of CA - San Francisco!...

Page 2 of 4 FirstFirst 1234 LastLast
Results 16 to 30 of 51

Thread: 9th Circuit: 2nd Amendment applies to states - merged X 2

  1. #16
    Senior Moderator
    Array Tangle's Avatar
    Join Date
    Dec 2004
    Location
    Chattanooga
    Posts
    9,647
    Wow! Imagine a ruling like that coming from a court in California, much less the anti-gun capitol of CA - San Francisco!
    I'm too young to be this old!
    Getting old isn't good for you!

  2. Remove Ads

  3. #17
    Member Array fireman836's Avatar
    Join Date
    Jan 2009
    Location
    Eastern Shore, VA
    Posts
    171

    Ninth circuit rules 2nd amendment incorporated to states - merged

    The Ninth Circuit Court has ruled that the 2nd 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 invasionÂ…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.”
    “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.”
    I carry a bible and a gun. Your Point?

    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")

  4. #18
    Member Array IssaquahWA19's Avatar
    Join Date
    Feb 2009
    Location
    Issaquah WA
    Posts
    126
    I wonder what this will do to the quack we have running Seattle hopefully this will stop him in his tracks.... I am also really surprised at where this occurred being they were the same city banning all guns not to long ago....

  5. #19
    jfl
    jfl is offline
    Distinguished Member Array jfl's Avatar
    Join Date
    Jul 2008
    Location
    Palm Beach County, FL
    Posts
    1,485
    The U.S. Ninth Circuit Court of Appeals has done something right about the 2nd A ???
    Something is wrong there, there must be a hidden agenda (we need a black helicopter smilie)
    The first rule of a gunfight: "Don't be there !"
    The second rule: "Bring enough gun"

    jfl
    (NRA Life Member/Instructor - GOA - IDPA - GSSF - ex-IHMSA)

  6. #20
    Senior Member Array TucAzRider's Avatar
    Join Date
    Apr 2009
    Location
    Tucson
    Posts
    792

  7. #21
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,158
    XD, is it not inevitable that this incorporation issue will have to be resolved by The Supremes when there accumulate conflicting ruling on the matter in different circuits?

  8. #22
    Senior Member Array InspectorGadget's Avatar
    Join Date
    Feb 2008
    Location
    Florida
    Posts
    536
    Quote Originally Posted by jfl View Post
    The U.S. Ninth Circuit Court of Appeals has done something right about the 2nd A ???
    Something is wrong there, there must be a hidden agenda (we need a black helicopter smilie)
    ??? This is definitely one of those too good to be true things. ??? But considering who made the ruling, I will have to look at the ruling for a while before I break out the Champaign.
    Colt 1911 New Agent, CTLaser

    You do not work for them, they work for you.
    Senators http://senate.gov/general/contact_in...nators_cfm.cfm
    Congressmen http://www.house.gov/house/MemberWWW_by_State.shtml

  9. #23
    VIP Member Array packinnova's Avatar
    Join Date
    Jun 2006
    Location
    VA
    Posts
    4,196
    Quote Originally Posted by Agent47 View Post
    well...no help for us in VA...yet?
    We're VA! We don't need no stinking Ninth Circuit.
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the **** out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

  10. #24
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    43,812
    OK, OK, so when does the other shoe drop?
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  11. #25
    Senior Member Array InspectorGadget's Avatar
    Join Date
    Feb 2008
    Location
    Florida
    Posts
    536
    Quote Originally Posted by Captain Crunch View Post
    The Court's ruling only applies to the States within its jurisdiction, which are AK, AZ, CA, HI, ID, MT, NV, OR and WA, plus Guam and the Northern Marianas Islands.

    Good news for CA, tho. The California State Constitution does not have a right to keep and bear arms provision.

    The 5th Circuit Court previously ruled to incorporate the 2A to TX, LA and MS.

    12 States down, 38 to go.
    I have a question for the lawyers out there.

    Once a decision is made by a Federal appeals court doesn't it apply to all of the States and territories until there is a conflict with a different Federal Court, at that point the resolving decision goes to the supremes. (Assuming the party's "Nordyke v. King" do not appeal the Federal Appeals Court ruling to the Supremes.) So the incorporation ruling should apply to us all.... Or am I misunderstanding the way this works?

    BTW: I love the tie in to the Mumbai attacks "We recently saw in the case of the terrorist attack on Mumbai that terrorists may enter a country covertly by ocean routes, landing in small craft and then assembling to wreak havoc. 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."
    Colt 1911 New Agent, CTLaser

    You do not work for them, they work for you.
    Senators http://senate.gov/general/contact_in...nators_cfm.cfm
    Congressmen http://www.house.gov/house/MemberWWW_by_State.shtml

  12. #26
    VIP Member Array Blackeagle's Avatar
    Join Date
    Oct 2006
    Location
    Columbia, SC
    Posts
    2,147
    Quote Originally Posted by InspectorGadget View Post
    Once a decision is made by a Federal appeals court doesn't it apply to all of the States and territories until there is a conflict with a different Federal Court, at that point the resolving decision goes to the supremes. (Assuming the party's "Nordyke v. King" do not appeal the Federal Appeals Court ruling to the Supremes.) So the incorporation ruling should apply to us all.... Or am I misunderstanding the way this works?
    IANAL, but you're misunderstanding this. Absent a Supreme Court decision, each circuit court gets to decide for itself. The decisions by other circuits can be persuasive, but they're not precedent.

  13. #27
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,158

    Different law for different folks

    Quote Originally Posted by Blackeagle View Post
    IANAL, but you're misunderstanding this. Absent a Supreme Court decision, each circuit court gets to decide for itself. The decisions by other circuits can be persuasive, but they're not precedent.
    Amazingly enough, and unfortunately, there is different law for different folks, depending on which circuit you live in.

    I first ran into that issue back in the mid-1960s when I realized the IRS code meant different stuff in two different place, as the courts had split on what a provision meant. In one place certain student "stipends" were tax exempt, while in another, they were partially "taxable."

    So, if you don't live in the 9th, 2A ain't yet a right you fully enjoy---which both stinks and is completely illogical, but that's the way it is.

    Eventually, you can bet the supremes will have to sort out between what the 9th just did and what courts in the NE or Mid-West do.

    We still struggle to overcome mid-19th century twisting of our constitution to justify abominations.

  14. #28
    Senior Member Array 2edgesword's Avatar
    Join Date
    Aug 2006
    Location
    New York
    Posts
    653
    Given their record if the 9th circuit finds the argument for incorporation compelling other liberal circuit courts would follow.

  15. #29
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,158

    Strongest anti-argument comes from .....

    Quote Originally Posted by 2edgesword View Post
    Given their record if the 9th circuit finds the argument for incorporation compelling other liberal circuit courts would follow.
    You'd think so, but the strongest anti arguments presented in this forum have come not from liberals but from self-identified conservatives and state's rights advocates who don't want the BOR to apply to all.

    It could well be that liberal courts in the north and mid-west will go along with what the 9th decided, whereas ultra conservative dominated courts will try to stay with their "strict construction" ideas that the 14th doesn't bind the states to follow the BOR.

    Only time will tell.

  16. #30
    Senior Member Array darkvibe's Avatar
    Join Date
    Feb 2006
    Location
    Rochester, NY
    Posts
    517
    Quote Originally Posted by dldeuce View Post
    Which case was that? I thought the Nordyke case would be the first circuit court ruling on incorporation.
    I thought I heard the 5th circuit incorporated but it was 2nd hand information. I'd also like to look up the case if anyone knows it.

Page 2 of 4 FirstFirst 1234 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. WA Supreme Court: ‘2nd Amendment applies to the states via 14th Amendment due process
    By ExSoldier in forum The Second Amendment & Gun Legislation Discussion
    Replies: 10
    Last Post: April 11th, 2010, 04:35 PM
  2. The Second Amendment and the States
    By boerep in forum The Second Amendment & Gun Legislation Discussion
    Replies: 1
    Last Post: July 20th, 2009, 10:10 AM
  3. Sotomayor Ruled That States Do Not Have to Obey Second Amendment
    By Diesel 007 in forum The Second Amendment & Gun Legislation Discussion
    Replies: 45
    Last Post: July 14th, 2009, 03:15 PM
  4. Seventh Circuit: 2nd Doesn't Apply to States!
    By Rock and Glock in forum The Second Amendment & Gun Legislation Discussion
    Replies: 11
    Last Post: June 5th, 2009, 09:00 AM
  5. Second Circuit to Second Amendment: Drop Dead...
    By bbernard in forum The Second Amendment & Gun Legislation Discussion
    Replies: 71
    Last Post: February 16th, 2009, 04:50 PM

Search tags for this page

9th circuit court 2nd amendment to protect from government

Click on a term to search for related topics.