Tuesday, April 21, 2009

2nd Amendment Incorporated in 9th Cir.

Yesterday the 2nd Amendment was incorporated by the Federal Ninth Circuit Court of Appeals in San Francisco, arguably one of the most liberal Federal courts in the nation.  Arms & the Law has a nice analysis.  It is a good first step (currently is only binding in 9th circuit although other courts can reference it) toward incorporation of Second Amendment Protections to all State & Local Governments via the Due Process clause of the 14th Amendment.  Full decision here.  

Relevant Excerpt from page 29:
[12] 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.18

More from: SAF, David Kopel, Volokh, & Anthony Martin.

1 comment:

Coolerhead said...

Simply stated, Wow!