Need some help here...

[Bobitis]

I'm not too savvy on this stuff, and the reading might be long.

http://www.komonews.com/news/local/87493252.html

Who makes up the rules? Washington is a right to carry state.

http://www.komonews.com/news/local/84274247.html

Does the fed trump the local?

I thought the state had the right to write it's own constitution.

I realize it's the 9th circuit here, but when does the states constitution kneel to the fed?

Our Superior Court says no case. The fed says, oh yea, there's a case here.
I'm thinkin the fed has no jurisdiction.

Do the states no longer have any rights?

[armedandsafe]

9th Circus errrr Circuit Court refused the case, saying the Constitution of the United States had no bearing on the case because of previous rulings by the 9th Circuit Court. They are not saying that the case brought before them has merit or not and are not saying that either party is in the right. They are just saying that they won't hear the case because they have previously found that they wouldn't hear other cases of the same ilk.

In her order dated Thursday, U.S. District Judge Marsha J. Pechman granted a motion to dismiss the suit in full, writing that Warden's "Second Amendment claim fails for the simple reason that the Second Amendment does not apply to the City of Seattle under current 9th Circuit law."

Who's confused?

Pops

[dbrodin]

Originally Posted by armedandsafe

9th Circus errrr Circuit Court refused the case, saying the Constitution of the United States had no bearing on the case because of previous rulings by the 9th Circuit Court. They are not saying that the case brought before them has merit or not and are not saying that either party is in the right. They are just saying that they won't hear the case because they have previously found that they wouldn't hear other cases of the same ilk.



Who's confused?

Pops

I'm confused. The 9th ruled in NORDYKE v. KING that the 2nd was incorporated, and applied to State and Local laws. Was that ruling overturned by the full Court?

[armedandsafe]

Not to my knowledge. They have ruled both ways, so they can use whichever set of rulings they wish whenever they wish.

Pops

[Silencer]

Originally Posted by dbrodin

I'm confused. The 9th ruled in NORDYKE v. KING that the 2nd was incorporated, and applied to State and Local laws. Was that ruling overturned by the full Court?

No, the Ninth Circuit hasn't ruled on it yet. On May 18, 2009, an anonymous judge of the Ninth Circuit called for briefing from both sides on whether the case should be reheard en banc (i.e. all judges hearing the case, not just a panel). On July 29, 2009, the Ninth Circuit decided to rehear this case en banc, thereby vacating both parts of the April 20 ruling. After rehearing the case on September 24, 2009, the Ninth Circuit decided to delay ruling on the case until the Supreme Court decides McDonald_v._Chicago. We wont have a final decision on that court case until June or July.

Since the incorporation of the 2nd Amendment has yet to occur, the Ninth Circuit Court tossed out the Warden case as usual.