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A 9th Circuit Decision on "whether the Second Amendment prohibits a local government from regulating gun possession on its property"
Unfortunately, as far as I can tell, this decision as far as I can tell with respect to the 2nd Amendment is dicta. From [Only registered and activated users can see links. ]:
"We therefore conclude that the right to keep and bear arms is “deeply rooted in this Nation’s history and tradition ... 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."
Bottom Line - From Bellson:
The 9th Circuit Court has split the atom in precise legal speak (read, BULLSHIT) to overturn the Anti-Gun Alameda County Ordinance that prohibits Gun-Shows on it's property.
They do however state clearly that the 2nd Amendment is Incorporated under the 14th Amendment, but they particularly de-fang it's meaning. This will now require at least another costly case to be argued for another 10 years.
Fucking Communists!!!!
From [Only registered and activated users can see links. ]
dicta
One entry found.
Main Entry:
dic·tum Listen to the pronunciation of dictum
Pronunciation:
\ˈdik-təm\
Function:
noun
Inflected Form(s):
plural dic·ta Listen to the pronunciation of dicta \-tə\ also dictums
Etymology:
Latin, from neuter of dictus, past participle of dicere
Date:
1599
1: a noteworthy statement: as
a: a formal pronouncement of a principle, proposition, or opinion
b: an observation intended or regarded as authoritative
2: a judge's expression of opinion on a point other than the precise issue involved in determining a case
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In other words, "It's the White guys fault." If we didn't have White guys, we'd get rid of this right quick.
Mark
I think they are referring to England when they say Anglo. Read it as English-American...Still white guys, But that is who settled this country (and took it from the Indians)....
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I'm confused on that decision -- the local government "won".
How is the prohibition overturned with this outcome?
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The city/county banned guns on gov owned property, including the Alameda fairgrounds. Gunshow folks objected as it's rather hard to have a gunshow without guns. They sued under the first and second amendment. The ninth basically said Heller applies to the states as well as federal law, but decided that the fairgrounds was a "sensitive place" which is an allowed exception under Heller. The Supremes didn't want to have to allow guns in courtrooms for example. The ninth just expanded that exception to include a park. "Reasonable restrictions", dontcha know? "You have a right to bear arms, just not here. And here, and there. Maybe over there too."
So unless someone continues this up to the Supremes all the states in the ninth district are restricted by the second amendment just like the feds are. All the other districts will have to make their own decisions IIRC, and if one goes contrary to this one the Supremes get another shot at it.
The 9th Circuit Court did it AGAIN!!!
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