Breaking: Ninth Circuit incorporates Second Amendment into 14th Amendment Rights (Nordyke v King)…

Update: .pdf of ruling here

Go read it all at AceHQ complete with flaming skull:

From the decision:

We therefore conclude that the right to keep and bear arms is “deeply rooted in this Nation’s history and tradition.” Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the “true palladium of liberty.” Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American concept of ordered liberty that we have inherited.

The actual ruling upholds some state limits on this right, but makes CLEAR that the limits put in place are themselves limited and must meet a standard, Ace explains:

Now, as big a victory as this is, note that the gun ordinance being challenged was in fact upheld. I suppose this will be the style of analysis then: Yes, you superficially have 2nd Amendment right, but we are going to read that as being an extremely limited one.

Even so, if that is the game, this is important. Even if it’s being interpreted to provide as little actual rights as possible, it still imposes some restrictions on state and local government, and still grants some genuine rights to citizens.

More on the ruling from Eugene Volokh via Instapundit and Ace

…This sort of “fundamentalness” reasoning in naturally mushy — as it has been throughout the Court’s selective incorporation cases — but here’s roughly how the panel goes through it: (1) It points to evidence that the right was seen as very important by the Framers, and concludes, “This brief survey of our history reveals a right indeed ‘deeply rooted in this Nation’s history and tradition.’ Moreover, whereas the Supreme Court has previously incorporated rights the colonists fought for, we have here both a right they fought for and the right that allowed them to fight.”

(2) It points to continued support for the right from the Framing on, noting among other things that 44 state constitutions contain a right-to-bear-arms provision.

(3) It particularly points to the support of the right, including its self-defense component, around the time the Fourteenth Amendment was ratified….

Advertisements

April 20, 2009. Tags: , , , , , , , , . Music, Politics, Popular Culture, Uncategorized. 2 comments.

HR 45 Blair Holt Firearm Licensing & Record of Sales Act of 2009…

Courtesy of realclearpolitics

To find out about this – go to any government website and type in HR 45 or Google HR 45 Blair Holt Firearm Licensing & Record of Sales Act of 2009. You will get all the information.

Basically this would make it illegal to own a firearm – any rifle with a clip or ANY pistol unless:

.It is registered

.You are fingerprinted

.You supply a current Driver’s License

.You supply your Social Security #

.You will submit to a physical & mental evaluation at any time of their choosing

.Each update – change or ownership through private or public sale must be reported and costs $25 – Failure to do so you automatically lose the right to own a firearm and are subject up to a year in jail.

.There is a child provision clause on page 16 section 305 stating a child-access provision. Gun must be locked and inaccessible to any child under 18.

They would have the right to come and inspect that you are storing your gun safely away from accessibility to children and fine is punishable for up to 5 yrs. in prison.

March 10, 2009. Tags: , , , , , , , . Obama Administration, Politics, Popular Culture, Uncategorized. Comments off.

%d bloggers like this: