
www.Usenet.com
| <-- __Chronological__ --> | <-- __Thread__ --> |
Pat Hines wrote: > Mike Haas wrote: >> The United States Supreme Court announced this morning that it has >> DENIED the Silveira vs. Lockyer Petition for Certiorari. The Supreme >> Court will not hear the case. >> >> We should all be thankful for this. >> Mike Haas > > Haas, you are one of the most dispicable humans posting in this > newsgroup. > > You really need to find another cause to participate in, your days of > helping destroy the Self Defense Rights Movement are finished. You, sir, have no idea what you're talking about. Silveria was a bad, bad case. Bad cases make bad law and it is to our overall advantage that SCOTUS not take up Silveria. We still have a lot of heavy lifting to undo the damage Silveria has already caused by giving the 9th Circuit a golden opportunity to make anti-gun law where there was none. Silveria, in its brief to the Supreme Court, quotes Adolph Hitler on gun control. This quote goes way beyond Urban Legend and into the mists of mythology. In other words, the lawyers for the Silveria case start off by lying to the Court and the brief goes downhill from there. The Silveria case hinges on "cosmetics." Certain guns were proscribed by California because they look evil. SCOTUS has *always* held that a right is not infringed if reasonable alternatives exist. Free speech or peaceable assembly is not infringed at an abortion clinic by a reasonable cordon to keep protestors some distance away. Meanwhile, Silveria (and others) argue that "assault weapons" are no different than other, permitted, weapons. Since reasonable alternatives exist, the Supreme Court's ultimate decision was never in doubt. Let me give you a hypothetical: Suppose a state legislature decided that a compelling state interest (hunter safety) could be fostered by requiring all rifles to be painted dayglow orange. There is no doubt whatsoever the Supreme Court would uphold such a state law when attacked on 2nd Amendment grounds. California, by banning "assault weapons," passed a law that, at its base, is no different than mandating rifles be painted orange. No one in California is prohibited from owning a rifle, they just can't own non-orange/evil-looking rifles. No, Silveria was a bad case, based on bad facts.
| <-- __Chronological__ --> | <-- __Thread__ --> |