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

skidmark

skidmark

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http://www.volokh.com/2012/08/04/judge-reinhardt-carrying-a-gun-is-a-second-amendment-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.
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From a 9th Circuit Court dissent decision http://www.ca9.uscourts.gov/datastore/opinions/2012/08/03/08-99017.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.
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Even for Judge Reinhardt this is a significant statement, and will probably be cited in a lot of cases coming up.

stay safe.
 
skidmark

skidmark

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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.
 
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