9th Circuit makes Gun Ruling

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9th Circuit makes Gun Ruling

Post by dbackjon »

http://www.ca9.uscourts.gov/datastore/o ... 715763.pdf

Something about the 2nd Amendment applying to states via the 14th Amendment.


LEGAL SCHOLARS FRONT AND CENTER


BELLEVUE, Wash., April 20 /PRNewswire-USNewswire/ -- 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 Nordyke v. King - Russell and Sallie Nordyke, 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 Nordyke case. The Nordykes 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 (www.saf.org) 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.
http://news.prnewswire.com/DisplayRelea ... 314&EDATE=
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Re: 9th Circuit makes Gun Ruling

Post by Wedgebuster »

Gun control, the ability to place six out of six shots squarely in the middle of a pie pan with a snub nosed revolver at thirty paces.

Be there or be under armed.

Over and out, 10-4
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Re: 9th Circuit makes Gun Ruling

Post by dbackjon »

Wedgie comes out for Gun Control!! woo hoo!! ;)
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Re: 9th Circuit makes Gun Ruling

Post by travelinman67 »

Wedgebuster wrote:Gun control, the ability to place six out of six shots squarely in the middle of a pie pan with a snub nosed revolver at thirty paces.

Be there or be under armed.

Over and out, 10-4
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Re: 9th Circuit makes Gun Ruling

Post by dbackjon »

travelinman67 wrote:
Wedgebuster wrote:Gun control, the ability to place six out of six shots squarely in the middle of a pie pan with a snub nosed revolver at thirty paces.

Be there or be under armed.

Over and out, 10-4
That avatar is killing me... :lol: :lol: :lol: :lol: :lol: :lol: :lol:
So no opinion on this? :?:

BTW - is it legal to store guns and ammo together in CA? Have a loaded weapon in your house?
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Re: 9th Circuit makes Gun Ruling

Post by travelinman67 »

dbackjon wrote:
travelinman67 wrote:
That avatar is killing me... :lol: :lol: :lol: :lol: :lol: :lol: :lol:
So no opinion on this? :?:

BTW - is it legal to store guns and ammo together in CA? Have a loaded weapon in your house?
I haven't finished reading the opinion, but my initial reaction is that it is an attempt by the 9th circuit to apply reverse logic. From what I've read so far...the conclusions include factors that (IMHO) are irrelevant as to the constitutionality of the 14th Amendment in these circumstances. As such, on appeal, their decision may well be reversed, even by a "conservative" court, thus accomplishing their original goal, to dilute the 14th Amendments protection of gun show promoters.

Sorry, but I simply don't trust the 9th Circuit Court. Their track record for activism is abominable.
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Re: 9th Circuit makes Gun Ruling

Post by dbackjon »

OK - I respect your right to mistrust the 9th Circuit :)

And for my other question?
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Re: 9th Circuit makes Gun Ruling

Post by CSUBUCDAD »

Well my goodness, maybe there is hope for that group leftwing nut job judges after all.



On second thought, maybe I am being a little too premature on that one. I'll get back to you after they make a few more decisions that actually make some freakin sense.
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Re: 9th Circuit makes Gun Ruling

Post by Cap'n Cat »

CSUBUCDAD wrote:Well my goodness, maybe there is hope for that group leftwing nut job judges after all.



On second thought, maybe I am being a little too premature on that one. I'll get back to you after they make a few more decisions that actually make some freakin sense.

Hey, Captain America, Jon asked for "legal scholars", not "hillrods with flea collars".

Back in your pen, Rocky Raccoon.

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Re: 9th Circuit makes Gun Ruling

Post by travelinman67 »

dbackjon wrote:OK - I respect your right to mistrust the 9th Circuit :)

And for my other question?
Those were broad questions. As a rule, on property you own, you may store them together, and even keep them loaded so long as they have a "safety device" (cable or trigger lock, or in lock box or safe). There are specific rules if you have children in the home/building.

As for the TYPE of weapon you can maintain/store/keep loaded, etc...that's a whole different ball game.

The rule of thumb I use is if the weapon is a semi-automatic rifle...there are three modifications that the ChiComm CA govt. doesn't like and will push a rifle into the "no-go" zone:
Folding stock
Flash Suppressor (or muzzle break with bayonet lug)
Magazines with capacity greater than 10 rounds.

Add two of those together, and AG Jerry "Moonbeam" Brown will be kicking in your door.


As for myself...I have no firearms nor do I know anything about firearms. I believe in Pacifism.
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Re: 9th Circuit makes Gun Ruling

Post by Grizalltheway »

travelinman67 wrote:
dbackjon wrote:OK - I respect your right to mistrust the 9th Circuit :)

And for my other question?
Those were broad questions. As a rule, on property you own, you may store them together, and even keep them loaded so long as they have a "safety device" (cable or trigger lock, or in lock box or safe). There are specific rules if you have children in the home/building.

As for the TYPE of weapon you can maintain/store/keep loaded, etc...that's a whole different ball game.

The rule of thumb I use is if the weapon is a semi-automatic rifle...there are three modifications that the ChiComm CA govt. doesn't like and will push a rifle into the "no-go" zone:
Folding stock
Flash Suppressor (or muzzle break with bayonet lug)
Magazines with capacity greater than 10 rounds.

Add two of those together, and AG Jerry "Moonbeam" Brown will be kicking in your door.


As for myself...I have no firearms nor do I know anything about firearms. I believe in Pacifism.
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Re: 9th Circuit makes Gun Ruling

Post by native »

Wedgebuster wrote:Gun control, the ability to place six out of six shots squarely in the middle of a pie pan with a snub nosed revolver at thirty paces.

Be there or be under armed.

Over and out, 10-4
...with a snub nose at thirty paces?!?? That's pretty dang good!
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Re: 9th Circuit makes Gun Ruling

Post by grizzaholic »

WTAG wrote:
travelinman67 wrote:
Those were broad questions. As a rule, on property you own, you may store them together, and even keep them loaded so long as they have a "safety device" (cable or trigger lock, or in lock box or safe). There are specific rules if you have children in the home/building.

As for the TYPE of weapon you can maintain/store/keep loaded, etc...that's a whole different ball game.

The rule of thumb I use is if the weapon is a semi-automatic rifle...there are three modifications that the ChiComm CA govt. doesn't like and will push a rifle into the "no-go" zone:
Folding stock
Flash Suppressor (or muzzle break with bayonet lug)
Magazines with capacity greater than 10 rounds.


Add two of those together, and AG Jerry "Moonbeam" Brown will be kicking in your door.


As for myself...I have no firearms nor do I know anything about firearms. I believe in Pacifism.
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Re: 9th Circuit makes Gun Ruling

Post by Wedgebuster »

native wrote:
Wedgebuster wrote:Gun control, the ability to place six out of six shots squarely in the middle of a pie pan with a snub nosed revolver at thirty paces.

Be there or be under armed.

Over and out, 10-4
...with a snub nose at thirty paces?!?? That's pretty dang good!
Ought to see the business end of my .300 maggy. :yikes:

Thatz exactly what I mean, gun control.. :|

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Re: 9th Circuit makes Gun Ruling

Post by Appaholic »

travelinman67 wrote:
dbackjon wrote:OK - I respect your right to mistrust the 9th Circuit :)

And for my other question?
Those were broad questions. As a rule, on property you own, you may store them together, and even keep them loaded so long as they have a "safety device" (cable or trigger lock, or in lock box or safe). There are specific rules if you have children in the home/building.

As for the TYPE of weapon you can maintain/store/keep loaded, etc...that's a whole different ball game.

The rule of thumb I use is if the weapon is a semi-automatic rifle...there are three modifications that the ChiComm CA govt. doesn't like and will push a rifle into the "no-go" zone:
Folding stock
Flash Suppressor (or muzzle break with bayonet lug)
Magazines with capacity greater than 10 rounds.

Add two of those together, and AG Jerry "Moonbeam" Brown will be kicking in your door.


As for myself...I have no firearms nor do I know anything about firearms. I believe in Pacifism.
I like silencers myself.....yeah, they're illegal, but I just file the serials off of the gun and it's cool.....it's not like they can see the serial when it's under your jacket or strapped to your calf anyway.....
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Re: 9th Circuit makes Gun Ruling

Post by travelinman67 »

Wedgebuster wrote:
native wrote:
...with a snub nose at thirty paces?!?? That's pretty dang good!
Ought to see the business end of my .300 maggy. :yikes:

Thatz exactly what I mean, gun control.. :|

;)
Overkill...

...simple 6" .22 semi-auto at thirty paces is adequate, inexpensive, noise doesn't travel that far...






...or so I've heard.
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Re: 9th Circuit makes Gun Ruling

Post by Cap'n Cat »

travelinman67 wrote:
Wedgebuster wrote:
Ought to see the business end of my .300 maggy. :yikes:

Thatz exactly what I mean, gun control.. :|

;)
Overkill...

...simple 6" .22 semi-auto at thirty paces is adequate, inexpensive, noise doesn't travel that far...






...or so I've heard.


Man, T, I'll bet a week's paycheck that you DO NOT own a gun.

:roll: :mrgreen:
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Re: 9th Circuit makes Gun Ruling

Post by travelinman67 »

Cap'n Cat wrote:
travelinman67 wrote:
Overkill...

...simple 6" .22 semi-auto at thirty paces is adequate, inexpensive, noise doesn't travel that far...

...or so I've heard.
Man, T, I'll bet a week's paycheck that you DO NOT own a gun.

:roll: :mrgreen:


Guns scare me. :o
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Re: 9th Circuit makes Gun Ruling

Post by Cap'n Cat »

travelinman67 wrote:
Cap'n Cat wrote:
Man, T, I'll bet a week's paycheck that you DO NOT own a gun.

:roll: :mrgreen:


Guns scare me. :o


I don't trust myself around guns. Never had training. Dad didn't hunt. D1B hunts drunk, so......
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Re: 9th Circuit makes Gun Ruling

Post by Wedgebuster »

grizzaholic wrote:
WTAG wrote:
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Re: 9th Circuit makes Gun Ruling

Post by Wildcat Ryan »

I have a gun, and its loaded, and as soon as someone breaks into my house and threatens me or my family, Im putting a bullet in their head.
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Re: 9th Circuit makes Gun Ruling

Post by BlueHen86 »

travelinman67 wrote:
Wedgebuster wrote:Gun control, the ability to place six out of six shots squarely in the middle of a pie pan with a snub nosed revolver at thirty paces.

Be there or be under armed.

Over and out, 10-4
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Re: 9th Circuit makes Gun Ruling

Post by Cap'n Cat »

Wildcat Ryan wrote:I have a gun, and its loaded, and as soon as someone breaks into my house and threatens me or my family, Im putting a bullet in their head.

Post your address. D and I will be there next weekend. Your fat wife will be pregnant and you'll be a vegetable before you even see our faces, you worm.

:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

Hillbilly gun fvck.


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Re: 9th Circuit makes Gun Ruling

Post by Wildcat Ryan »

Cap'n Cat wrote:
Wildcat Ryan wrote:I have a gun, and its loaded, and as soon as someone breaks into my house and threatens me or my family, Im putting a bullet in their head.

Post your address. D and I will be there next weekend. Your fat wife will be pregnant and you'll be a vegetable before you even see our faces, you worm.

:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

Hillbilly gun fvck.


:roll:

Say what you want, Im sure you would change your tune if someone broke into your house and threatend you and your wife and kids.

I have every right to keep me and my family safe. whether or not Liberal whack jobs like it or not.
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Re: 9th Circuit makes Gun Ruling

Post by Cap'n Cat »

Wildcat Ryan wrote:
Cap'n Cat wrote:

Post your address. D and I will be there next weekend. Your fat wife will be pregnant and you'll be a vegetable before you even see our faces, you worm.

:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

Hillbilly gun fvck.


:roll:

Say what you want, Im sure you would change your tune if someone broke into your house and threatend you and your wife and kids.

I have every right to keep me and my family safe. whether or not Liberal whack jobs like it or not.

:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

What a dork.



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