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Thursday, April 23, 2009

Score one For The Good Guys And The Constitution!

WOOHOO!!!
Citizens can challenge state, local gun laws

(04-20) 19:10 PDT San Francisco -- A federal appeals court ruled Monday that private citizens can challenge state and local gun laws by invoking the constitutional right to bear arms - the first such ruling in the nation - but upheld a ban on firearms at gun shows at the Alameda County Fairgrounds in Pleasanton.
[...]
The decision by the way, was 3-0.
While a few sections of the Bill of Rights apply only to the federal government, amendments that protect fundamental rights - including the Second Amendment - can be enforced against the states, said Judge Diarmuid O'Scannlain in the 3-0 decision.

"The right to bear arms is deeply rooted in the history and tradition of the republic," O'Scannlain said, citing selected passages from speeches and writings during the colonial and post-Revolutionary War period and the years leading up to the Civil War. "It is a means to protect the public from tyranny" as well as "to protect the individual from threats to life or limb."

Judge Ronald Gould, in a separate opinion, pictured a gun-wielding citizenry defending 21st century America against invaders or terrorists.

"That we have a lawfully armed populace adds a measure of security for all of us and makes it less likely that a band of terrorists could make headway in an attack on any community before more professional forces arrived," he said.
Hard to fathom that there are actually 3 intelligent people in San Fran, but I'm sure as hell glad there are.

X-post here:


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3 comments:

Miss Sassy said...

it's cuz they have wicked green bud, and great local wine, and all gang banged the night before cuz it's all free love out there in the land of Fruits and Nuts.
here's hoping it spreads like a Malibu wildfire, whatever caused it.

Anonymous said...

It is surprising to find any reasonable people in California, even more so in San Francisco. To find them in positions of authority is amazing.

curmudgeon said...

Sassy,
That must be it.

Hermit,
Exactly.