9th Circuit Incorporates 2nd Amendment
In what is almost certainly going to result in a showdown at the US Supreme Court, the 9th Circuit Court Of Appeals has incorporated the 2nd amendment into the 14th amendment. In simple terms this is the first time that the 2nd amendment has been applied to limit the actions of an individual state, in this case the county of Alameda in the state of California.
Without getting too complicated in legal mumbo jumbo, the Bill of Rights was originally considered to only apply to limit the actions of the federal government. When the 14th amendment was passed there was debate as to how much it incorporated, or extended the provisions of the BoR to the individual states.
Over the 150 years or so since the 14th was passed, a number of provisions, mostly the 1st, 4th and 5th amendments have been applied to the states, but not the 2nd. This could be a problem for many gun control laws and follows in the basic pattern of the Heller decision last year which applied the law to the District of Columbia.
Clearly this is going to be appealed. I’m somewhat surprised at the lack of media coverage so far (which explains the lack of a link to a major news source). It is worth noting that the three judge panel which issued the ruling consisted of a Carter, Clinton and Reagan appointee, so in theory 2 of them were Democrats.
The ruling can be found at http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf
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11 Responses to “9th Circuit Incorporates 2nd Amendment”
A lack of media coverage on a pro-gun ruling. Shocking. Would never have seen that coming.
Two of them were democrats….though, one may ascertain that in theory, one does not legislate from the bench so your assertion as to their political affiliation should have no bearing on their analysis of law. Since this is the ninth court, it is all but understandable that you have concluded their being democrats would have influenced their decision, as this court in notorious for its liberal analysis of law, consistently appealed to and repealed by SCOTUS.
This could be a problem for gun control advocates indeed, though gun control only works if enforced in a responsible manner, gun free zones in areas that the government(at any level) fails to enforce are simply areas where a law abiding citizen must not carry a firearms but anyone willing to buck the system may carry one within the borders of the zone… Certainly, after they are caught(after they have shot up the unarmed occupants of the gun free zone), they will be held liable for breaking the law and carrying a gun into the gun free zone, but one must ask why the gun free zone would ever exist if it can not be responsibly enforced?
Where's the link to the ruling???? It doesn't work…
Sorry bout that… Will fix the link
Great news!
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Who is going to appeal?? Nordyke lost but incorporation was spelled out. The government can't appeal they won, right?
Fair point, I meant to convey that it will make it's way to the Supreme's somehow.
As redbullman said, there can be no appeal to change the incorporation decision. The only appeal can be by Nordyke, which cannot reverse incorporation.
more coverage at calguns.net
The 9th could decide to review the decision en banc, meaning all the Judges in the 9th circuit take a whack at it together. But it's unlikely. The ruling has a pretty solid foundation. Many lay people would be shocked at the notion that the states aren't bound by the constitution in it's entirety.
The conspicuous absence of ANY reporting of this landmark decision by any major network is laughable.