Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Calif. ruling called gun-control landmark
United Press International ^ | 12/6/2002 8:39 AM | National Desk

Posted on 12/06/2002 7:24:08 AM PST by Liberal Classic

SAN FRANCISCO, Dec. 6 (UPI) -- A federal appeals court ruling upholding California's ban on assault rifles was being portrayed Friday as a landmark in the constitutional debate over the right to bear arms.

In a 72-page ruling issued Thursday, the Ninth Circuit Court of Appeals said the Second Amendment only guarantees the rights of states to organize a militia, and doesn't say anything about citizens being allowed to own semi-automatic weapons or any other firearms.

"With the federal assault weapons ban scheduled to sunset next Congress, the California law stands as one example of how to more effectively restrict these weapons of war," said Matt Nosanchuk, legislative counsel for the Violence Policy Center.

The Ninth Circuit's unanimous ruling by a three-judge panel was at odds with a Fifth Circuit ruling known as the Emerson decision upholding an individual's right to possess a weapon, stating that the Second Amendment pertained to the organization of an organized, state-sponsored militia, and not "an 'unregulated' mob of armed individuals."

"Individual rights advocates have waved the Emerson decision like a battle flag," Nosanchuk said in a statement. "All they have done is awaken a sleeping giant of clear legal thinking and sound historical analysis that finds that the Second Amendment does not guarantee an individual right to own a gun."

The court agreed, however, that police officers that protect public safety were allowed to own firearms.

California Attorney General Bill Lockyer said the state had no desire to take away the rights of people to hunt or to protect themselves and their homes, however the state was intent on keeping high-powered weapons off the streets.

"While I respect the rights of Californians to pursue hunting and sports-shooting, and of law-abiding citizens to protect their homes and businesses, there is no need for these military-style weapons to be on the streets of our state," Lockyer said.

There was no immediate word as to whether the Justice Department would appeal the ruling or seek a full court review; meanwhile some gun-owners groups concluded the ruling was flawed.

"I don't think the court gets it at all," Larry Pratt, executive director of Gun Owners of America told the Los Angeles Times. "The court neglected to mention self-defense when discussing legitimate uses of guns."

(Reported by Hil Anderson in Los Angeles)


TOPICS: News/Current Events
KEYWORDS: banglist; californiarkba
Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120121-139 last
To: Squantos
You gotta catch up on reading my chapters, that quote is used about chapter 20, as in "I think that awkward time is over."

That's when the first senator gets plinked.

121 posted on 12/06/2002 8:32:34 PM PST by Travis McGee
[ Post Reply | Private Reply | To 117 | View Replies]

To: error99; Travis McGee
I shall defer to Travis on this.

Stay well - Stay safe - Stay armed - Yorktown
122 posted on 12/07/2002 8:56:25 AM PST by harpseal
[ Post Reply | Private Reply | To 103 | View Replies]

To: Squantos
The ninth circuit is probably the worst of all the Federal circuit courts.

Stay well - Stay safe - Stay armed - Yorktown

123 posted on 12/07/2002 8:57:51 AM PST by harpseal
[ Post Reply | Private Reply | To 102 | View Replies]

To: harpseal
The lib rat media is celebrating prematurely.

The USSC loves to slap down the 9th.

124 posted on 12/07/2002 9:57:24 AM PST by Travis McGee
[ Post Reply | Private Reply | To 123 | View Replies]

To: Travis McGee
I sincerely and profoundly hope the US Supreme Court does overule the Ninth Circuit and that they do it soon. I do not wish to see Civil War break out in the United States of America and if this ruling stands that will be the result.

Stay well - Stay safe - stay armed - Yorktown

125 posted on 12/07/2002 10:25:03 AM PST by harpseal
[ Post Reply | Private Reply | To 124 | View Replies]

To: harpseal
How can this laughable ruling stand? Belisles was one of their primary sources for cripes sake!
126 posted on 12/07/2002 11:05:57 AM PST by Travis McGee
[ Post Reply | Private Reply | To 125 | View Replies]

To: A2J
"So you're saying that people who wave a Confederate flag are racists?...

No, no. The Attorney for VPC (such a emphuism! "Ve Protect Crime!") implied (deliberately) that ANY person who waves a (battle)flag is a racist!

127 posted on 12/07/2002 11:51:32 AM PST by Robert A Cook PE
[ Post Reply | Private Reply | To 20 | View Replies]

To: Liberal Classic
"...enemies, foreign and domestic."

Citizens must be vilgilent in defense of our Constitution and remorseless in destruction of her enemies.

The 9th's Blackrobes are outlaws in the Politburo Gang. They hold high office during a period of good behavior, not life. They must have created that self-serving interpretation too; we are not so illusioned.

This "living" revision is D.O.A.
128 posted on 12/07/2002 5:48:10 PM PST by SevenDaysInMay
[ Post Reply | Private Reply | To 1 | View Replies]

To: Travis McGee
How can this laughable ruling stand? Belisles was one of their primary sources for cripes sake!

There are many ways this ruling can stand. The US Supreme Court can simply accept the "reasoning" in the Ninth Circuit ruling on the basis of "Common Sense." It is important to remember that the Soviet Constitution under Stalin guaranteed as many "civil liberties" as the American Constitution it was just never enforced.

Stay well - Stay safe - Stay armed - Yorktown

129 posted on 12/08/2002 5:40:24 AM PST by harpseal
[ Post Reply | Private Reply | To 126 | View Replies]

To: Travis McGee
Book bump.
130 posted on 12/08/2002 6:20:46 AM PST by patton
[ Post Reply | Private Reply | To 126 | View Replies]

To: harpseal
But the 9th is now in direct conflict with the 5th, how can they let both stand?
131 posted on 12/08/2002 1:45:17 PM PST by Travis McGee
[ Post Reply | Private Reply | To 129 | View Replies]

To: patton
Thanks!
132 posted on 12/08/2002 1:45:38 PM PST by Travis McGee
[ Post Reply | Private Reply | To 130 | View Replies]

To: Travis McGee
Thanks my foot. I will give you $50 for the first autographed copy...
133 posted on 12/08/2002 1:52:20 PM PST by patton
[ Post Reply | Private Reply | To 132 | View Replies]

To: Travis McGee
Historically the SCOTUS has often let issues "Ripe for a definitive ruling wait for them to get arround to picking a case they like. In the interim the "Law of the land" is totally different between two different Circuits and there is no definitive answer in the orher circuits. Eventually they act but they take their time about it.

Stay well - Stay safe - Stay armed - Yorktown

134 posted on 12/08/2002 8:49:05 PM PST by harpseal
[ Post Reply | Private Reply | To 131 | View Replies]

To: patton
I'm going to set up a PO box tomorrow, you will get the first book!
135 posted on 12/08/2002 8:56:40 PM PST by Travis McGee
[ Post Reply | Private Reply | To 133 | View Replies]

To: harpseal
I think they are cowards, they don't like the 2 possible outcomes (civil war, or machine guns to the masses.)
136 posted on 12/08/2002 8:57:49 PM PST by Travis McGee
[ Post Reply | Private Reply | To 134 | View Replies]

To: geopyg
Now here's more: "The right to keep and bear arms, concluded Judge Reinhardt, is different from owning or possessing them. (Huh?)

The written decision is very interesting. The part where Judge Reinhardt dismisses "keep" as a meaningless throwaway part of the trite phrase "keep and bear" is priceless.

137 posted on 12/08/2002 9:07:48 PM PST by Plutarch
[ Post Reply | Private Reply | To 80 | View Replies]

To: Blood of Tyrants
Great reply: There is shizophrenia on the bench, and the left coast is going to get a surprise when the SCOTUS tells them recite the Pledge of Allegiance.
138 posted on 12/08/2002 9:20:41 PM PST by oldtimer
[ Post Reply | Private Reply | To 31 | View Replies]

To: Travis McGee
Re: your remarks on the apparent cowdness found among the Supreme Court justices.

This is not a new phenominae. The instances where the Supreme Court has ruled withcourage and alacrity over the course of two hundred years are relatively few and far between. Marbury vs.Madison, Dred Scott, and a few others come to mind but in general the court as Peter Finley Dunn stated will follow the election results. Mr. Dunn's comments are from the 19th Century.

Stay well - Stay safe - Stay armed - Yorktown
139 posted on 12/09/2002 5:46:20 AM PST by harpseal
[ Post Reply | Private Reply | To 136 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 61-8081-100101-120121-139 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson