Monday, April 20, 2009

Breaking News: Ninth Circuit Incorporates Second Amendment!

It's huge because the Second Amendment has not been held to be incorporated --and thus binding-- on the states. [More]
This one warranted a second Gun Rights Examiner column.

11 comments:

closed said...

Only binding in the 9th district unless it goes to the SCOTUS ... but still tasty.

What is really amusing is that the .gov supposedly won ... the 9th incorporated the second amendment, but then declared the county park ordinance a "reasonable restricion" ( akin to not shouting fire in a theatre ).

Which means the local .gov can't appeal this ... heh.

Anonymous said...

Amazing. perhaps we *can* educate
the judiciary.

the infamous oregon lawhobbit said...

Well...not to be the skunk at the picnic, but did you catch the part about "only in regard to guns in the house for self defense?" What good is a Second Amendment, Inc., that you can't take out the front door?

Tom said...

Yeah, a win...just like "free speech zones" for the incorporated 1st.


"self defense zones" Basically ONLY in your house, and assuming you don't live in section 8, anywhere with a homeowners association.... We really ARE criminals, just on house arrest and believing we are free. No, wait, that was about those hopelessly enslaved.

Jake (formerly Riposte3) said...

Like I said over at the Examiner:

The "most overturned court in the nation" has incorporated the Second Amendment?

I don't know if I should celebrate, or be scared $#!tless.

wv: fooke - As in "Fooke, I don't know what to think."

Defender said...

Better than a ruling of NONincorporation, I guess.
Ratification of the Constitution and its amendments the Bill of Rights by the states in existence in 1792 wasn't enough? Those Founders. What jolly jokers.
So, we have all the rights some guys in robes say we have, on a day-to-day basis.
We knew that already.
The cool part is, if Homeland Security comes to arrest me at work for being a right-wing extremist, I may not be there, and my company may not either. Look at the golden parachutes. Pretty!

Crotalus said...

This IS the Ninth Circus, right? That's a ruling I NEVER expected from them. Yet, how was the 2A never held as incorporated, in light of the language of the 14A?

Tom said...

Yet, how was the 2A never held as incorporated, in light of the language of the 14A?I've been asking that for some time now and never get answer. Maybe there's one of those unpublished rulings or something? A state secret?

Anonymous said...

Read it again this is not a positive move. It says they acknowledge your right, just not in their jurisdiction. The only value in this is the hope for appeal to SCOTUS.

AvgJoe said...

Don't get your hopes up boys. This is nothing but word smithing and is the core reason this country is in the mess it is today.
Kind of like what does "is" mean. Not one newspaper laugh in that rapist's face when he pulled that word smithing off. Or when he said, "but I didn't inhale", more lies and word smithing.
These people are all parasites and have never got their hands dirty doing real work but live off the sweat and hard work of those who do.

1894C said...

Huzzah!

From the 9th no less!

Plus since the Gov "won" the case they cannot appeal, but the plaintiffs can.

Great news!

1894C