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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."



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CITE, and SITE, PLEASE!




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yep, we need to see that, especially the folks in California!


Back in the heartland, Thank God!



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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???


"Chances Will Be Taken"


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For the 9th to call for incorporation, that means a lot, as it is the most LiberaL Court in the nation. Les


Back in the heartland, Thank God!



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http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf

Superb 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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Exactly.

I too would like to see a CITE and SITE.
wink


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James Elroy Flecker







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Originally Posted by johnw
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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Yeah, what you posted. wink

...jim


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Wonderful news

GTC


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-- “Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.”- Mark Twain





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Wow, that is great news!!!

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Unanimous! and the 9th to boot!!! smile Bear


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Site: http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf

Cite:

As one commentator has already put it, the Nordyke lost the battle, but won the war. I'd say it differently (Nordyke lost a skirmish, but won a major battle), however, the end result is the same. We now have incorporation in the Ninth, and it WILL now happen on the federal level.




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HunterJim;

THANK YOU for raising this to our attention!




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Originally Posted by 4xbear
Unanimous! and the 9th to boot!!! smile Bear


Fear is a wonderful motivator,.....

............and we KNOW they're not hungry ( the other Motivator).

Nice to see a court ( particularly THAT one ) reading the temper of the times correctly.

GTC


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-- “Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.”- Mark Twain





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+1 on that!

It is nice to get some good news today.
smile


"For joy of knowing what may not be known we take the golden road to Samarkand."
James Elroy Flecker







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Originally Posted by Kamerad_Les
For the 9th to call for incorporation, that means a lot, as it is the most LiberaL Court in the nation. Les


now THAT is saying a mouthful. smile


Sam......

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But it is true. grin


Back in the heartland, Thank God!



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Surprised this hasn't made Drudge yet. Les


Back in the heartland, Thank God!



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Les, Is Colo. in the District,..... 9th?

GTC


Member, Clan of the Border Rats
-- “Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.”- Mark Twain





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