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View Full Version : 2nd Amendment now Incorporated!



Good Times
04-20-2009, 02:15 PM
What does this all mean?

* The 2nd Amendment applies to all states, counties and cities in the 9th Circuit including California.

You're probably wondering wait a sec didn't it always? Not quite. The 1st and 2nd Amendments didn't apply. Go figure. But that changed today :)

Source: Incorporation - Bill of Rights (http://en.wikipedia.org/wiki/Incorporation_(Bill_of_Rights))

* Most all anti-gun bill right now faces constitutional agruments!

We now have some pretty heavy ammo against these bills so it'll be pretty sweet moving forward.



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 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.17 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.


Document: Download me! (http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf)

Seanz0rz
04-20-2009, 02:19 PM
http://www.thereheis.com/images/family%20guy%20bear%20arms.jpg

good news! still wont stop them from taking our guns away...

Good Times
04-20-2009, 02:23 PM
Well we'll see. I suspect with the new incorporation it'll open up items for debate in these areas:

unloaded open carry
loaded open carry
concealed carry weapon's permit (may issue -> shall issue)
assault weapons permit
high cap magazines
gun free school zones

the list goes on.. Not sure which ones would be under debate but this definitely opens up the door for us to legally fight many of them :D

CJM
04-20-2009, 09:15 PM
Good news, but I agree with Sean and Lance.

They wont take mine away at least, not while im living if i can help it.

fustercluck
04-20-2009, 09:42 PM
They'll not likely take them away until their legal obstacles, convoluted logic and contorted, nuanced non sequiturs render the guns we have left not worth dying for. Then they'll take them. Who would die to maintain possession of a two shot magazine .22lr iron sight 6ft long rifle with no more ammunition?

RobG
04-20-2009, 09:54 PM
This is great timing.
The Orange County republican party took a passing vote of no confidence against our Sheriffs CCW policy tonight.
AB357 has it first hearing tomorrow - that is CA shall issue CCW. Keep you fingers crossed.

2 shot magazines, LOL. that is definitely where we were headed.

Good Times
04-20-2009, 10:42 PM
Fuster I bet you have one of those relics huh!

Rob, I saw that. If I was working in Irvine tonight I would have gone to their get together. Definitely can't wait for CA to be a shall issue ccw!