Post Reply 
 
Thread Rating:
  • 0 Votes - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Court: 2nd Amendment trumps local gun limits
04-23-2009, 10:07 PM
Post: #1
Court: 2nd Amendment trumps local gun limits
Quote:Court: 2nd Amendment trumps local gun limits
Described as 'protection against government degenerating into tyranny'

Posted: April 22, 2009
11:50 pm Eastern

By Bob Unruh
© 2009 WorldNetDaily


The 9th U.S. Circuit Court of Appeals in California has ruled that the 2nd Amendment right to keep and bear arms is "deeply rooted in this nation's history and tradition" and long has been regarded as the "true palladium of liberty," so it therefore must be applied against state and local government weapon restrictions as well as federal gun limits.

The ruling came in a decade-old dispute over a private operation's request to hold a gun show at a county fairground, even though the county prohibited gun possession at its facilities.

The new ruling from the usually liberal 9th Circuit said Alameda County in California was allowed to ban guns at its facilities, but in general the 2nd Amendment provision for Americans to keep and bear arms applies not to just federal gun limits but local rules as well.

"This could be big, folks," wrote Kurt Hofmann at the St. Louis Gun Rights Examiner.

"In Nordyke v. King … we may very well be seeing the beginning of the end of that very unsatisfactory set of circumstances, wherein state and local governments need not so much as pay lip service to the 2nd Amendment," he continued. "In the 9th Circuit, in fact, that end has indeed arrived.

"This development is very significant, because the 9th is the largest, and thus one of the most important, federal circuit courts. It is also considered the most 'liberal,' and thus perhaps the most resistant to protecting the right to keep and bear arms," he continued.

Hofmann cited a concurring opinion by Judge Ronald M. Gould, who wrote that nothing less than the security of the nation – a defense against both external and internal threats – rests on the provision.

"The right to bear arms is a bulwark against external invasion. We should not be overconfident that oceans on our east and west coasts alone can preserve security," Gould wrote. "We recently saw in the case of the terrorist attack on Mumbai that terrorists may enter a country covertly by ocean routes, landing in small craft and then assembling to wreak havoc. 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. Second, the right to bear arms is a protection against the possibility that even our own government could degenerate into tyranny, and though this may seem unlikely, this possibility should be guarded against with individual diligence."

The court opinion this week said, "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 court continued.

"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 conception of ordered liberty that we have inherited. We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments," the opinion said.

The court previously had ruled exactly the opposite way, but it said the U.S. Supreme Court's Heller decision, which confirmed that the 2nd Amendment right is personal as well as collective, prompted the reversal.

At Poligazette, a commentator noted it is a major victory for the pro-gun position.

And another Gun Rights Examiner writer, David Codrea, said, "This is big – especially coming from the 9th Circuit, notorious for its hostility to gun rights. Look for an appeal. And then look to see if the Supreme Court agrees to hear it."

Technically the county cannot appeal, since its policy to restrict guns on county property was upheld. But the plaintiffs, Russell and Sallie Nordyke, could appeal on behalf of their gun show operation.

The 2nd Amendment states: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

"This necessary 'right of the people' existed before the Second Amendment as 'one of the fundamental rights of Englishmen,'" the ruling said. "Heller identified several reasons why the militia was considered 'necessary to the security of a free state.' First, 'it is useful in repelling invasions and suppressing insurrections. Second, it renders large standing armies unnecessary . . . . Third, when the able-bodied men of a nation are trained in arms and organized, they are better able to resist tyranny."

The decision appears to run counter to the general direction sought by the administration of President Obama three months into his tenure.

He's already advocated for a treaty that would require a federal license for hunters to reload their ammunition, has expressed a desire to ban "assault" weapons, has seen a plan to require handgun owners to submit to mental health evaluations and sparked a rush on ammunition purchases with his history of anti-gun positions.

“Today’s scientists have substituted mathematics for experiments, and they wander off through equation after
equation, and eventually build a structure which has no relation to reality. ” -Nikola Tesla

"When the power of love overcomes the love of power the world will know peace." -Jimi Hendrix
Find all posts by this user
Quote this message in a reply
04-24-2009, 12:01 AM
Post: #2
Court: 2nd Amendment trumps local gun limits
That ruling is unusual, to say the least. Apparently there are some good judges left. Or someone really pressured this one. Or...?
Find all posts by this user
Quote this message in a reply
04-24-2009, 12:14 AM
Post: #3
Court: 2nd Amendment trumps local gun limits
...or maybe some judges actually understand the meaning and the reason for the second amendment.

“Today’s scientists have substituted mathematics for experiments, and they wander off through equation after
equation, and eventually build a structure which has no relation to reality. ” -Nikola Tesla

"When the power of love overcomes the love of power the world will know peace." -Jimi Hendrix
Find all posts by this user
Quote this message in a reply
04-24-2009, 12:14 AM
Post: #4
Court: 2nd Amendment trumps local gun limits
:bounce016:

"I got this email from a freind

Guess our national leaders didn't expect this, hmm? On Thursday, Darrell Scott, the father of Rachel Scott, a victim of the Columbine High School shootings in Littleton , Colorado , was invited to address the House Judiciary Committee's subcommittee. What he said to our national leaders during this special session of Congress was painfully truthful.

They were not prepared for what he was to say, nor was it received well. It needs to be heard by every parent, every teacher, every politician, every sociologist, every psychologist, and every so-called expert! These courageous words spoken by Darrell Scott are powerful, penetrating, and deeply personal. There is no doubt that God sent this man as a voice crying in the wilderness. The following is a portion of the transcript:

"Since the dawn of creation there has been both good & evil in the hearts of men and women. We all contain the seeds of kindness or the seeds of violence. The death of my wonderful daughter, Rachel Joy Scott, and the deaths of that heroic teacher, and the other eleven children who died must not be in vain. Their blood cries out f or answers.

"The first recorded act of violence was when Cain slew his brother Abel out in the field. The villain was not the club he used.. Neither was it the NCA, the National Club Association. The true killer was Cain, and the reason for the murder could only be found in Cain's heart.

"In the days that followed the Columbine tragedy, I was amazed at how quickly fingers began to be pointed at groups such as the NRA. I am not a member of the NRA. I am not a hunter. I do not even own a gun. I am not here to represent or defend the NRA - because I don't believe that they are responsible for my daughter's death. Therefore I do not believe that they need to be defended. If I believed they had anything to do with Rachel's murder I would be their strongest opponent.

I am here today to declare that Columbine was not just a tragedy -- it was a spiritual event that should be forcing us to look at where the real blame lies! Much of the blame lies here in this room. Much of the blame lies behind the pointing fingers of the accusers themselves. I wrote a poem just four nights ago that expresses my feelings best.


Your laws ignore our deepest needs,
Your words are empty air.
You've stripped away our heritage,
You've outlawed simple prayer.
Now gunshots fill our classrooms,
And precious children die.
You seek for answers everywhere,
And ask the question "Why?"
You regulate restrictive laws,
Through legislative creed.
And yet you fail to understand,
That God is what we need!



" Men and women are three-part beings. We all consist of body, mind, and spirit. When we refuse to acknowledge a third part of our make-up, we create a void that allows evil, prejudice, and hatred to rush in and wreak havoc. Spiritual presences were present within our educational systems for most of our nation's history. Many of our major colleges began as theological seminaries. This is a historical fact. What has happened to us as a nation? We have refused to honor God, and in so doing, we open the doors to hat red and violence. And when something as terrible as Columbine's tragedy occurs -- politicians immediately look for a scapegoat such as the NRA. They immediately seek to pass more restrictive laws that contribute to erode away our personal and private liberties. We do not need more restrictive laws. Eric and Dylan would not have been stopped by metal detectors. No amount of gun laws can stop someone who spends months planning this type of massacre. The real villain lies within our own hearts.

"As my son Craig lay under that table in the school library and saw his two friends murde red before his very eyes, he did not hesitate to pray in school. I defy any law or politician to deny him that right! I challenge every young person in America , and around the world, to realize that on April 20, 1999, at Columbine High School prayer was brought back to our schools. Do not let the many prayers offe red by those students be in vain. Dare to move into the new millennium with a sacred disregard for legislation that violates your God-given right to communicate with Him. To those of you who would point your finger at the NRA -- I give to you a sincere challenge. Dare to examine your own heart before casting the first stone!

My daughter's death will not be in vain! The young people of this country will not allow that to happen!"

Do what the media did not - - let the nation hear this man's speech.."

Visit this user's website Find all posts by this user
Quote this message in a reply
04-24-2009, 04:21 AM
Post: #5
Court: 2nd Amendment trumps local gun limits
WOW...now that's an eye opener!!! :)

Quote:Do what the media did not - - let the nation hear this man's speech.."

For real this happened?

JJ
Find all posts by this user
Quote this message in a reply
04-24-2009, 04:33 AM
Post: #6
Court: 2nd Amendment trumps local gun limits
So I'm told.

So did this lady http://www.youtube.com/watch?v=71YpogEUCDI
Visit this user's website Find all posts by this user
Quote this message in a reply
04-24-2009, 05:06 AM
Post: #7
Court: 2nd Amendment trumps local gun limits
Now that's the kind of stuff that should be on the TV news at 6!!! This clip is better quality...

http://www.youtube.com/watch?v=M1u0Byq5Qis...feature=related

JJ :D
Find all posts by this user
Quote this message in a reply
04-24-2009, 08:15 AM
Post: #8
Court: 2nd Amendment trumps local gun limits
That's "Suzanna Gratia Hupp explains meaning of 2nd Amendment!"
Find all posts by this user
Quote this message in a reply
Post Reply 


Possibly Related Threads...
Thread: Author Replies: Views: Last Post
Star Kosovo's unilateral declaration of independence legal, world court rules solar 1 466 07-25-2010 06:29 PM
Last Post: solar
  Supreme Court limits local gun bans Easy Skanking 5 667 06-29-2010 03:03 AM
Last Post: h3rm35
  Citizen's Arrest of George W. Bush Justified, Court Hears h3rm35 0 386 03-10-2010 08:53 PM
Last Post: h3rm35
Rainbow Aussie ISP wins landmark "piracy" court case ... solar 0 412 02-05-2010 04:27 AM
Last Post: solar
  Majority Of U.S. States Join Sovereignty Movement, Assert 10th Amendment Rights Easy Skanking 6 1,050 01-12-2010 08:05 PM
Last Post: icosaface

Forum Jump:


User(s) browsing this thread: 1 Guest(s)