Re: Silveira DENIED Certiorari

"Sam Kersh" <[EMAIL PROTECTED]> wrote in message
news:[EMAIL PROTECTED]
> On Tue, 02 Dec 2003 02:19:34 GMT, Pat Hines <[EMAIL PROTECTED]> wrote:
>
> >Sam Kersh wrote:
> >
> >> On Mon, 1 Dec 2003 13:06:31 -0800, "Mike Haas"
> >> <[EMAIL PROTECTED]> 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.
> >>
> >>
> >>
> >> This is one of the few times I think I'm in agreement with the Rabbit.
> >> Sam A. Kersh
> >
> > You're in bad company, Sam.  Haas is a pro gun control mole.  Silveira
was an
> >excellent case.
>
> I hate it that I might be in the same world with Haas, much less on
> the same page WRT Silvera.  But, IIRC, Jim Nicholson and Clayton
> Cramer,   two people I respect, are not behind this case.  Mouse isn't
> on track WRT Silvera - if the SCOTUS has to consider the 9th's
> opinion, they also have to consider the 5th's opinion support the
> individual right view in Emerson.  For the SCOTUS to grant cert, there
> needs to be more diverging opinions than these two.  And as the Court
> itself will tell anyone who asks, failure to grant certori doesn't
> mean a damn thing one way or the other....
>
>
> Sam A. Kersh
> NRA Endowment Member
> L.E.A.A. Life Member
> TSRA Life Member
> GOA, JPFO, SAF
> http://www.flash.net/~csmkersh/
> ====================================================
>
> "For the great war, the epic war, that war that
> saved the nation and humanity itself to be just
> ancient history to today's youngsters is a tragedy -
> but trying to rewrite it to prove ourselves guilty
> is a crime."
>
>              David Nevin


No,  as many as 4 to 5 Circuits are split.
The 5th, 9th, 7th and 6th.

The Rock Island case was a Commerce Clause case no Second Amendment
considerations there really.

United States v. Evans, 712 F.Supp. 1435 (D. Mont. 1989), aff'd 928 F.2d 858
(9th Cir. 1991) (district court only). Upheld machinegun prohibition under
commerce clause; Ninth Circuit decision affirming was criticized in Supreme
Court Lopez decision.
"Indeed, lower courts consistently have ruled the Second Amendment is not an
entitlement to gun ownership. 4 In 1976, the 6th Circuit (U.S. v. Warin)
upheld a defendant's conviction of possessing an unregistered machine gun.
Though the defendant argued that his conviction violated the Constitution,
the Court ruled against him, stating that the defendant's arguments were all
"based on the erroneous supposition that the Second Amendment is concerned
with the rights of individuals rather than those of states." 5"

http://www.mediascope.org/pubs/ibriefs/gsa.htm


Rock Island was the exact opposite case as the Evans Case.

D.H.