#2978032 - 04/20/09 11:42 AM
2nd incorporated by 9th Circuit in Nordyke
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Campfire Tracker
Registered: 03/28/03
Posts: 6047
Loc: San Diego, CA, USA
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"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. 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."
_________________________
LCDR Jim Dodd, USN (Ret.)
"If you're too busy to hunt, you're too busy."
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#2978040 - 04/20/09 11:44 AM
Re: 2nd incorporated by 9th Circuit in Nordyke
[Re: HunterJim]
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Campfire Oracle
Registered: 04/21/04
Posts: 42491
Loc: NC
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CITE, and SITE, PLEASE!
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It's hard not to be a menace to society, when half the population is happy on their knees.
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#2978047 - 04/20/09 11:46 AM
Re: 2nd incorporated by 9th Circuit in Nordyke
[Re: HunterJim]
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Campfire Guide
Registered: 05/25/02
Posts: 4631
Loc: gap grove
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not a lawyer but i take it that this is a good thing???
does it have any effect outside the 9th circuit jurisdiction???
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"Yo aveces ando por la portales del infierno"
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#2978070 - 04/20/09 11:54 AM
Re: 2nd incorporated by 9th Circuit in Nordyke
[Re: Kamerad_Les]
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Campfire Oracle
Registered: 04/21/04
Posts: 42491
Loc: NC
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http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdfSuperb analysis of the history and tradition of the 2nd Amendment, and the first of likely many to incorporate the 2nd. That it comes from the 9th, unanimously on this point, is telling.
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It's hard not to be a menace to society, when half the population is happy on their knees.
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#2978072 - 04/20/09 11:54 AM
Re: 2nd incorporated by 9th Circuit in Nordyke
[Re: Kamerad_Les]
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Campfire 'Bwana
Registered: 10/11/06
Posts: 14316
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Exactly. I too would like to see a CITE and SITE. 
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Hard work pays off tomorrow. Procrastination pays off today.
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#2978073 - 04/20/09 11:55 AM
Re: 2nd incorporated by 9th Circuit in Nordyke
[Re: johnw]
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Campfire Oracle
Registered: 04/21/04
Posts: 42491
Loc: NC
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not a lawyer but i take it that this is a good thing???
does it have any effect outside the 9th circuit jurisdiction??? It is a phenomenally good thing! Does it have any immediate, direct effect outside the 9th? No, not yet, but it will. The 9th was generally regarded as the last place such would occur. That it has, there, and as resoundingly, will move things along quickly now.
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It's hard not to be a menace to society, when half the population is happy on their knees.
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#2978074 - 04/20/09 11:55 AM
Re: 2nd incorporated by 9th Circuit in Nordyke
[Re: VAnimrod]
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Campfire Tracker
Registered: 03/28/03
Posts: 6047
Loc: San Diego, CA, USA
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Yeah, what you posted.  ...jim
_________________________
LCDR Jim Dodd, USN (Ret.)
"If you're too busy to hunt, you're too busy."
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#2978077 - 04/20/09 11:56 AM
Re: 2nd incorporated by 9th Circuit in Nordyke
[Re: VAnimrod]
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Campfire Kahuna
Registered: 01/06/05
Posts: 19552
Loc: Southeastern AZ
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Wonderful news
GTC
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Without courage there cannot be truth; and without truth there can be no other virtue. Sir Walter Scott
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