imported post
AZkopper wrote:
Gee, so the 9th reads Heller to mean that people only have a constitutional right to bear arms in their homes???
Like most of their decisions, the 9th does not understand the Constitution. They are (deliberately?)confusing Keep Armsand Bear Arms.
I expect the 9th to be overturned once again, as they are some 75% of the time.
Well for starters, let's look at the good in the ruling... they've basically incorporated 2A into the 9th circuit- that's a good thing.
[align=left]We therefore conclude that the right to keep and bear[/align]
[align=left]arms is “deeply rooted in this Nation’s history and tradition.”[/align]
[align=left]Colonial revolutionaries, the Founders, and a host of commentators[/align]
[align=left]and lawmakers living during the first one hundred[/align]
[align=left]years of the Republic all insisted on the fundamental nature[/align]
[align=left]of the right. It has long been regarded as the “true palladium[/align]
[align=left]of liberty.” Colonists relied on it to assert and to win their[/align]
[align=left]independence, and the victorious Union sought to prevent a[/align]
[align=left]recalcitrant South from abridging it less than a century later.[/align]
[align=left]The crucial role this deeply rooted right has played in our[/align]
[align=left]birth and history compels us to recognize that it is indeed fundamental,[/align]
[align=left]that it is necessary to the Anglo-American conception[/align]
[align=left]of ordered liberty that we have inherited.17 We are[/align]
[align=left]therefore persuaded that the Due Process Clause of the Fourteenth[/align]
Amendment incorporates the Second Amendment
I am honestly stunned that the 9th would rule for incorporation to tell the truth, it's really a big deal considering their track record.
We can go forward from here, at least out west we have part of what we were looking for in Heller. The case itself is weak. The county has made all county property sensitive areas- If I choose to make my place of business a "sensitive area" then so be it. The problem is Kommiefornia's weak incorporation laws.
I'm no fan of the Ninth Circuit, but I didn't read the decision to say that the right was protected only in the home, rather that what Heller was addressing was only in the home, and only the draconian DC laws. There are many more court battles that remain. This is nowhere near being done and don't forget, the 9th is the most frequently over-ruled of the Distrcit Courts.
All in all, I think this is a step in the right direction... we have incorporation in AZ now :celebrate (not that we needed it before).
ETA: Gosh Dang you guys are fast! All that was posted while I was reading the opinion... I feel a day late and a dollar short.