Free Markets, Free People


Second Amendment now applies to the Ninth District

The Ninth District Court of Appeals weighed in on the Second Amendment today as they ruled in Nordyke v. King. Here’s the story from SCOTUS Blog:

The Constitution’s protection of an individual right to have guns for personal use restricts the powers of state and local government as much as it does those of the federal government, the Ninth Circuit Court ruled Monday. The opinion by the three-judge panel can be found here. This is the first ruling by a federal appeals court to extend the Second Amendment to the state and local level. Several cases on the same issue are now awaiting a ruling by the Seventh Circuit Court.

Ruling on an issue that is certain to reach the Supreme Court, the Circuit Court concluded “that the right to keep and bear arms” as a personal right has become a part of the Constitution as it applies to the states through the Fourteenth Amendment’s due process clause.

That right, it said, “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.’
[...]
[F]ollowing the lead of the Supreme Court’s decision last June in District of Columbia v. Heller, finding a personal right in the Second Amendment for the first time, the Circuit Court concluded that the right as interpreted by the Justices is limited to “armed self-defense” in the home.

Basically what that means that the Ninth District incorporated Second Amendment, as an individual right, to the states in its jurisdiction.

The opinion is available here.

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6 Responses to Second Amendment now applies to the Ninth District

  • I’m no constitutional scholar but if memory serves me correctly the first 10 amendments also known as the Bill of Rights were established to guarantee certain rights to citizens of the United States that could not be infringed upon by the newly formed government.  So why is it that Ninth District must go to the 14th amendment to justify ones right that was already established in the Bill of Rights?

    Well at least they got it half right.

    • Because the Bill of Rights originally applied restrictions to the federal government but not the state governments. Other amendments have already been forced as restrictions to state governments through the 14th amendment. Now the 2nd amendment is also going through that process.

      • Thanks.  Like I said I’m no scholar so I’ll give them full credit and say they got it completely right then.

  • Two words:  Hoo.  Ray!

    Free Us!

  • Don’t rejoice just yet.  Look for another end run such as classifying handguns as a health hazard or adding substantial excise taxes to ammunition. 

    My advice is limit yourself to one or two calibers, buy reloading equipment and supplies or stock up on ammo now.  I shoot 100 rounds of 45 ACP and 16 rounds of 30-06 per week.  I have laid in 14 pounds of pistol powder and 16 pounds of rifle powder, enough to reload 20,000 45 ands 2,000 30-06 rounds.  I’m buying primers at 2,000 per month and bullets at 4,000 per month.  By summer, I’ll have a four year supply, no matter what.

    My very heavily armed neighbors are also interested in forming a local cooperative, where we each specialize in a caliber or two, enabling us to buy in bulk.  We are also toying with the idea of getting a couple of federal firearms licenses.

    If we are all wrong, we would still have cut our ammunition costs by 50% (which means we can shoot twice as much).

  • It’s the Ninth Circuit Court of Appeals, not the Ninth District.  The United States District Courts are the basic trial courts of the Federal Judiciary.  Some States have a single federal district, e.g., the District of Colorado; while others have multiple districts, e.g, the Northern, Eastern, Central, and Southern Districts of California.  The federal circuits are generaly made up of all the districts in a set of states, and serve as the appellate court for appeals from the District Courts in that circuit.  For example, the Ninth Circuit is comprised of all the districts in the states of Alaska, Oregon, Idaho, Montana, California, Nevada, Arizona, and Hawaii, plus the federal districts of Guam and the Northern Mariana Islands. 

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