Re: OT - Gun Control

Lone Haranguer wrote:
Bruce S wrote:
For those people who have an interest in guns and the law, the Ninth
Circuit Court (normally the nation's most liberal (and most
overturned) appellate court) handed down a pro-gun ruling earlier
this week in the case of Nordyke Vs King. While they ruled against
the plaintiff (Nordyke), they held that not only is the 2nd
amendment an individual right, but that the 14th Amendment applies
that right to the states, not just the Feds. This takes the Heller
decision and expands on it in the right direction. And a reading of
their thinking is a good history lesson for all Americans.
http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf

Bruce

I was reading this yesterday and was bowled over that the 9th circuit
could actually reason as they did.

Careful reading not only reaffirms the basic right to possess firearm
for self defense but as a safeguard against tyranny by one's own
government.
As I noted recently...the Brits won these personal rights beginning
with the Magna Carta.

Our founder's saw a central government with unlimited power as a major
danger, not really much different than King George's high-handed
regime.
They saw private ownership of firearms as the only resistance to that
type of government.

I hope Obama's team of lawyers is reading it carefully because it
basically gives the green light to insurrection against unjust
governments. LZ

I was amazed with the depth of thought that went into this decision -
especially considering that it came from the Ninth Circuit. I loved this
line that came from one of the footnotes (#18) about simply reading rights
out of existence by simply changing the reading based on changing values:
"But we do not measure the protection the Constitution affords a right by
the values of our own times. If contemporary desuetude sufficed to read
rights out of the Constitution, then there would be little benefit to a
written statement of them. Some may disagree with the decision of the
Founders to enshrine a given right in the Constitution.
If so, then the people can amend the document. But such amendments are not
for the courts to ordain." That is the very argument I have been making
here for the last four years - nice to see a panel of judges that agrees
with me.

Bruce



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