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Thread: Cannot legally lead to a finding that the individual is likely to murder someone

  1. #1
    Campaign Veteran skidmark's Avatar
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    Cannot legally lead to a finding that the individual is likely to murder someone

    http://www.volokh.com/2012/08/04/jud...endment-right/

    Carrying a gun, which is a Second Amendment right, also cannot legally lead to a finding that the individual is likely to murder someone; if it could, half or even more of the people in some of our states would qualify as likely murderers.
    From a 9th Circuit Court dissent decision http://www.ca9.uscourts.gov/datastor...3/08-99017.pdf

    Eugene Volokh said this:
    The quote (from a dissent in yesterday’s Dickens v. Ryan (9th Cir. Aug. 3, 2012)) comes up in an unusual context: The case was about whether Dickens could be sentenced to death for a felony-murder in which the killer was Dickens’ confederate in an armed robbery, and the specific issue was whether Dickens knew that the robbery created a grave risk of death; part of the evidence for this knowledge was that Dickens knew that the killer had a history of carrying guns. Moreover, the carrying itself was unusual, since the killer was a 14-year-old, who had run away from “a placement center for violent juveniles,” and who likely wouldn’t have a Second Amendment right. Nonetheless, given the debate among lower courts about whether the Second Amendment generally includes a right of law-abiding adults to carry guns, and not just possess them at home, the quote seemed interesting.
    Even for Judge Reinhardt this is a significant statement, and will probably be cited in a lot of cases coming up.

    stay safe.
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    Regular Member hjmoosejaw's Avatar
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    That's good! I'm kinda surprised that it came from the 9th circuit court though.
    watch your top knot !

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    Quote Originally Posted by hjmoosejaw View Post
    That's good! I'm kinda surprised that it came from the 9th circuit court though.
    Yea, but the 9th's opinions are laughed at in general terms. So I don't think anything coming out of the 9th helps anyone...they are wacky..

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    Regular Member paramedic70002's Avatar
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    It seems the 9th, quirky or not, has done a 180 on gun rights. Interesting.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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    Campaign Veteran skidmark's Avatar
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    Remember, folks, the quote comes from a dissent. Reinhardt did not agree with the majority opinion, and this was why he did not. The 9th Circuit has not changed it's stance.

    But the point is that Judge Reinhardt's quote may find its way into both dissenting and affirming opinions in not only the 9th but all the other Circuits, as well as courts above and below that level. The good judge has gone and put up a big billboard for all to see that says that gunz all by themself =/= BAD. It may not be the first time that was said, but I do not recall it being said any more forcefully.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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