2nd Amendment trumps local gun limits

Discussion in 'The Constitutional & RKBA Forum' started by flannelman, Apr 27, 2009.

  1. flannelman

    flannelman New Member

    Aug 17, 2006
    Rural Arkansas. But isn't all of Arkansas rural?

    Court: 2nd Amendment trumps local gun limits
    Described as 'protection against government degenerating into tyranny'

    Posted: April 22, 2009
    11:50 pm Eastern

    By Bob Unruh
    © 2009 WorldNetDaily

    The 9th U.S. Circuit Court of Appeals in California has ruled that the 2nd Amendment right to keep and bear arms is "deeply rooted in this nation's history and tradition" and long has been regarded as the "true palladium of liberty," so it therefore must be applied against state and local government weapon restrictions as well as federal gun limits.

    The ruling came in a decade-old dispute over a private operation's request to hold a gun show at a county fairground, even though the county prohibited gun possession at its facilities.

    The new ruling from the usually liberal 9th Circuit said Alameda County in California was allowed to ban guns at its facilities, but in general the 2nd Amendment provision for Americans to keep and bear arms applies not to just federal gun limits but local rules as well.

    "This could be big, folks," wrote Kurt Hofmann at the St. Louis Gun Rights Examiner.

    (Story continues below)

    "In Nordyke v. King … we may very well be seeing the beginning of the end of that very unsatisfactory set of circumstances, wherein state and local governments need not so much as pay lip service to the 2nd Amendment," he continued. "In the 9th Circuit, in fact, that end has indeed arrived.

    "This development is very significant, because the 9th is the largest, and thus one of the most important, federal circuit courts. It is also considered the most 'liberal,' and thus perhaps the most resistant to protecting the right to keep and bear arms," he continued.

    Hofmann cited a concurring opinion by Judge Ronald M. Gould, who wrote that nothing less than the security of the nation – a defense against both external and internal threats – rests on the provision.

    "The right to bear arms is a bulwark against external invasion. We should not be overconfident that oceans on our east and west coasts alone can preserve security," Gould wrote. "We recently saw in the case of the terrorist attack on Mumbai that terrorists may enter a country covertly by ocean routes, landing in small craft and then assembling to wreak havoc. That we have a lawfully armed populace adds a measure of security for all of us and makes it less likely that a band of terrorists could make headway in an attack on any community before more professional forces arrived. Second, the right to bear arms is a protection against the possibility that even our own government could degenerate into tyranny, and though this may seem unlikely, this possibility should be guarded against with individual diligence."

    The court opinion this week said, "We therefore conclude that the right to keep and bear arms is 'deeply rooted in this nation's history and tradition.'

    "Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the 'true palladium of liberty.' Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later," the court continued.

    "The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited. We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments," the opinion said.

    The court previously had ruled exactly the opposite way, but it said the U.S. Supreme Court's Heller decision, which confirmed that the 2nd Amendment right is personal as well as collective, prompted the reversal.

    At Poligazette, a commentator noted it is a major victory for the pro-gun position.

    And another Gun Rights Examiner writer, David Codrea, said, "This is big – especially coming from the 9th Circuit, notorious for its hostility to gun rights. Look for an appeal. And then look to see if the Supreme Court agrees to hear it."

    Technically the county cannot appeal, since its policy to restrict guns on county property was upheld. But the plaintiffs, Russell and Sallie Nordyke, could appeal on behalf of their gun show operation.

    The 2nd Amendment states: "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."

    "This necessary 'right of the people' existed before the Second Amendment as 'one of the fundamental rights of Englishmen,'" the ruling said. "Heller identified several reasons why the militia was considered 'necessary to the security of a free state.' First, 'it is useful in repelling invasions and suppressing insurrections. Second, it renders large standing armies unnecessary . . . . Third, when the able-bodied men of a nation are trained in arms and organized, they are better able to resist tyranny."

    The decision appears to run counter to the general direction sought by the administration of President Obama three months into his tenure.

    He's already advocated for a treaty that would require a federal license for hunters to reload their ammunition, has expressed a desire to ban "assault" weapons, has seen a plan to require handgun owners to submit to mental health evaluations and sparked a rush on ammunition purchases with his history of anti-gun positions.
  2. FJF0311

    FJF0311 New Member

    Dec 8, 2007
    Mt. Airy, MD
    Holy cow!
    The 9th circus?

    I didn't see that coming! Anybody ask Pelosie, Shummer and Reid for a comment?
    (I'd pay for a picture of their faces, getting the news!)

  3. Trouble 45-70

    Trouble 45-70 New Member

    Apr 10, 2009
    NE Ar. W. of Black River
    Unbelievable. From the 9th Circuit Court? Was there a rainbow?
  4. Marlin

    Marlin *TFF Admin Staff Chief Counselor*

    Mar 27, 2003
    At SouthernMoss' side forever!
    Who would have ever thought a decision such as this from the 9th Circus ?!?!?!?!?!?!
  5. 4EvrLearning

    4EvrLearning New Member

    Feb 27, 2009
    Left Coast
    Fabulous news!!! I'm delightedly stunned!

    This is worthy of framing:

  6. USMC-03

    USMC-03 New Member

    Oct 17, 2007
    Peoples Republic of the Pacific Northwest
    Amazing... Someone actually gets it!
  7. bcj1755

    bcj1755 New Member

    Jul 20, 2008
    A wretched hive of scum and villiany
    You mean a Federal judge getting a Federal paycheck actually stated that the 2nd is for OUR protection against a tyrannical Federal gov't:eek::eek::eek::eek: I wonder what Barry Hussein, Blinky, Nevada Harry, Comrade Clinton, and Eric ButtHolder will say about this:p:D:D:D:D
  8. glocknut

    glocknut Active Member

    Dec 14, 2003
    There has to be a catch?

  9. Marlin T

    Marlin T Well-Known Member

    Jul 8, 2005
    New Mexico
    My sig below is from a 9th circuit Judge.

    This is really good news! I wonder if this was the whole court or a 3 judge panel?
  10. XShooter

    XShooter New Member

    Mar 30, 2009
    Music to my ears! Amazing how a U.S Supreme Court decision can change a few things huh?
  11. Haligan

    Haligan Well-Known Member

    Feb 25, 2008
    FEMA Region II
    Took the words right out of my mouth.
  12. CampingJosh

    CampingJosh Well-Known Member

    Sep 25, 2007
    Am I the only one who was confused by this part? If I read it right, he said that the Second Amendment applies to state and local governments--just not in this case. Doesn't that seem wrong to you guys?
  13. quick95

    quick95 New Member

    Apr 27, 2009
    Just when I was ready to give Commyfornia back to Mexico...this???? a trap? looks like cheese to me?????

    Right now it's only words, but I guess it's a start.
  14. 308 at my gate

    308 at my gate New Member

    Dec 6, 2008
    Lost in SW USA.
    I am with you, when I see some changes start to actually happen then I will believe. We used to have one of the best gun shows at the Pomona fair grounds and Los Angeles shut it down because it was on county property.