Ninth Circuit Court Of Appeals: States Must Respect Individual Right To Keep And Bear Arms

  •  April 21, 2009

Last year in the landmark DC vs. Heller decision the Supreme Court ruled that the 2nd amendment represents an individual to keep and bear arms. Meaning that each and every citizen in the United States has that right and cannot be denied it.
But still at question was whether or not a given sovereign state could infringe upon that right. The Ninth Circuit Court of Appeals appears to have settled that matter, ruling that the 2nd amendment is incorporated in the 14th amendment thus requiring the states to respect it as an individual right.
There’s a link to the decision over on the reader blog.
What’s amazing is that this ruling came from the notoriously liberal Ninth Circuit.
Regardless, this is a major victory for gun rights. One with implications for gun control laws (city, county and state) all over the country.

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  • http://www.dartemis.net/blog/ sayanything-42

    littledog,

    Care to explain that line of “reasoning”?

  • Bat One

    WOOF,

    Please explain how any of us would be less at risk if we were unable to defend ourselves and our families?

  • http://ndgoon.blogspot.com/ goon

    I think they(gun control freaks) already realize they have a very difficult fight on their hands to try and outlaw guns. That’s why they have changed tactics and concentrated more on making ammo more difficult to buy and more expensive.

    That too will cost them as well…

  • raj58045

    suite

    You try to break into my house, I beat you with a table leg, hold you in my basement torturing you to death slowly, then shoot you in the face.

    Seek help, bro.

    Why would he need help? Seems like a very suitable plan than can be executed relatively easy by just one person. What’s your plan? “Oh, please don’t hurt me Mr. Badguy?”

  • docdave

    This won’t stop Obama and the other gun control nuts as they find more insidious methods of suppressing the 2nd amendment.

  • Bat One

    There is another way to look at this (sort of?)

    The Ninth Circuit is of course notoriously leftist, and it is also far and away the most frequently overturned of all the US Judicial Circuit Courts.

    So I suppose its just possible that the judges in the 9th decided either that they have finally learned their lesson, or they decided that since the Supremes are so accustomed to overturning 9th Circuit rulings that maybe this one will be overturned as well by the Supreme Court just out of habit.

  • http://ndgoon.blogspot.com/ goon

    But still at question was whether or not a given sovereign state could infringe upon that right. The Ninth Circuit Court of Appeals appears to have settled that matter, ruling that the 2nd amendment is incorporated in the 14th amendment thus requiring the states to respect it as an individual right.

    Wow I am shocked that the 9th circus court actually ruled with the law and not against it.

  • http://www.dartemis.net/blog/ sayanything-42

    littledog,

    Take your chances, boyo.

  • http://insanereindeer.blogspot.com/ Kenny

    Second Amendment is trumped by having a weapon.
    Trumped by law enforcement believing you possess a weapon.
    Resistance of a tyrannical gov’t is moot.

    Pilgrim layed it out plain,
    most certainly hazardous to your health if I’m responding
    Enjoy the rewards of your labor Pilgrim.

    You STILL don’t have a point. If the cops can “execute” you for BELIEVING you have a weapon, then at least the weapon gives you a chance to defend yourself.

    Even accepting your position as fact, your following logic makes no sense at all.

  • http://www.dartemis.net/blog/ sayanything-42

    littledog,

    I’ll take those chances. How about you?

  • http://vdvfamily.com/ Sphagnum

    Great news, especially from the 9th Circus…

  • Spartacus

    Care to explain that line of “reasoning”?

    He can’t, it’s all in his head.

  • raj58045

    I think they(gun control freaks) already realize they have a very difficult fight on their hands to try and outlaw guns. That’s why they have changed tactics and concentrated more on making ammo more difficult to buy and more expensive.

  • http://www.dartemis.net/blog/ sayanything-42

    So littledog,

    Is it that you cannot explain your line of “reasoning” or that you don’t really want to discuss the issue and therefor won’t explain your line of “reasoning”?

  • Pilgrim

    Conservative courts have made it legal for government agents to execute anyone with a gun.

    A weapon is your death warrant with your name filled in and the date blank.

    Uh, what?

    Yeah. A weapon in your hand is most certainly hazardous to your health if I’m responding to a call and you have a gun. (until Friday, anyway). I’m going home at the end of my shift. You won’t make that decision for me.

    What the hell are you talking about, woof?

  • Neiman

    Is this April 1st?

  • http://ndgoon.blogspot.com/ goon

    Care to explain that line of “reasoning”?

    There is little to do with reasoning when it comes to the left.

  • http://www.dartemis.net/blog/ sayanything-42

    Nope, not April Fist.

    A blind pig just happened to find a nut.

  • http://suitepotato.blogspot.com/ sayanything-4808

    Suffering from oxygen deprivation too WOOF? The courts have done no such thing. If you pull a gun, a knife, or even charge a cop empty handed, they of course have the right to shoot to stop you. The majority of them being good citizens and neighbors and human beings will risk their lives with a challenge to stop and surrender. Many don’t. Their choice. You play the game, you take your chances.

  • http://suitepotato.blogspot.com/ sayanything-4808

    I can eliminate chance WOOF. If you try to mug me, I shoot you in the face. No chance you’ll ever try anything like it ever again. You try to break into my house, I beat you with a table leg, hold you in my basement torturing you to death slowly, then shoot you in the face. No chance you’ll ever try anything like it ever again.

    See how that works?

    As Thulsa Doom pointed out to Conan, what is a sword compared to the hand that wields it? If you were the bad guy, I guarantee you there is not a chance I’d fail to kill you. Again, chance is eliminated.

    When do you start taking your meds again?

  • WOOFX

    Conservative courts have made it legal for government agents to execute anyone with a gun.

    A weapon is your death warrant with your name filled in and the date blank.

  • http://suitepotato.blogspot.com/ sayanything-4808

    They’ll use the tax code like they do with full auto weapons. Make you jump through hoops to satisfy their arcane procedures to get the transfer of ownership approved. AND they’ll use the health angle claiming it is an inherently dangerous instrument (duh) and that there’s a high chance of you being injured (not if you’re aiming it at the bad guy) and try safety regulating it to death.

    They won’t give up but it hardly matters right now. The public is too heavily armed to be forced against their will too far. Sizable numbers of them are also of a mind to simply say “no” and refuse to cooperate on anything. All they need to do is say no.

  • WOOFX

    Just another risk.

    explain how any of us would be less at risk

  • http://suitepotato.blogspot.com/ sayanything-4808

    So even if what WOOF said was true which it isn’t anywhere except inside his head, then owning a gun would at least allow you to fight the execution. Or you could be unarmed and executed without a fight.

    When did your elevator stop going to the top WOOF?

  • WOOFX

    Second Amendment is trumped by having a weapon.
    Trumped by law enforcement believing you possess a weapon.
    Resistance of a tyrannical gov’t is moot.

    Pilgrim layed it out plain,

    most certainly hazardous to your health if I’m responding

    Enjoy the rewards of your labor Pilgrim.

  • WOOFX

    You can’t eliminate chance.

  • http://sayanythingblog.com/readers/author/sparkiearbuckle sayanything-81

    suite

    You try to break into my house, I beat you with a table leg, hold you in my basement torturing you to death slowly, then shoot you in the face.

    Seek help, bro.

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