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"The court has never said if the right to 'keep and bear arms' applies to individuals." Always has been. Get used to it. "Melissa" <[EMAIL PROTECTED]> wrote in message news:[EMAIL PROTECTED] > Will anything short of revolution save our freedom? > > http://www.bayarea.com/mld/mercurynews/7387552.htm > > Posted on Mon, Dec. 01, 2003 > Supreme Court sidesteps politically charged California gun rights case > > WASHINGTON (AP) - The Supreme Court disappointed gun rights groups today, > refusing to consider whether the Constitution guarantees people a personal > right to own a gun. > > The court has never said if the right to ``keep and bear arms'' applies to > individuals. > > Although the Bush administration has endorsed individual gun-ownership > rights, it did not encourage the justices to resolve the issue in this case > involving a challenge of California laws banning high-powered weapons. > > Many other groups wanted the court to take the politically charged case, > including the National Rife Association, the Pink Pistols, a group of gay > and lesbian gun owners; the Second Amendment Sisters; Doctors for Sensible > Gun Laws; and Jews for the Preservation of Firearms Ownership. > > ``Citizens need the Second Amendment for protection of their families, > homes and businesses,'' lawyer Gary Gorski of Fair Oaks, Calif., wrote in > the appeal filed on behalf of his rugby teammates and friends. > > The challengers included a police SWAT officer, a Purple Heart recipient, a > former Marine sniper, a parole officer, a stockbroker and others with > varied political views. > > Timothy Rieger, California's deputy attorney general, said the case > involved regulations on ``rapid-fire rifles and pistols that have been used > on California's school grounds to kill children.'' Even if the challengers > won, there are virtually identical national assault weapons restrictions > passed by Congress, he told the court. > > The Second Amendment says, ``A well regulated militia being necessary to > the security of a free state, the right of the people to keep and bear arms > shall not be infringed.'' > > A panel of the 9th U.S. Circuit Court of Appeals said the amendment's > intent was to protect gun rights of militias, not individuals. A more > conservative appeals court in New Orleans has ruled that individuals have a > constitutional right to guns. > > Justices refused without comment to review the 9th Circuit decision. > > One 9th Circuit judge, Alex Kozinski, said the panel was off-base and its > ``labored effort to smother the Second Amendment by sheer body weight has > all the grace of a sumo wrestler trying to kill a rattlesnake by sitting on > it -- and is just as likely to succeed.'' He and some other judges had > wanted to reverse the decision. > > The decision was written by Judge Stephen Reinhardt, who said the Supreme > Court's guidance on the meaning of the right to bear arms was ``not > entirely illuminating.'' > > The high court's last major gun case was in 1939, when justices upheld a > federal law prohibiting the interstate transport of sawed-off shotguns. > > Daniel Schmutter of Paramus, N.J., representing Jews for the Preservation > of Firearms Ownership, had told the justices in a filing that they should > decide ``once and for all'' what protections gun owners have. > > The case is Silveira v. Lockyer, 03-51. > > > -- > Yours In Liberty, Melissa - Colorado, U.S.A. > > "Guns Defend Life & Liberty" license plate frame > http://www.cafeshops.com/melissa_photo > > AMMO FOR SALE OR TRADE > http://www.dimensional.com/~melissa/ammo.htm > > Would like to make friends in the west Denver area with similar interests & > values. -> Shaolin-based Martial arts, Writing, Rock music, Sci-Fi, Chess, > Libertarian, Objectivist, RKBA, guns & Shooting, polyamory. > >
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