Slip opinion just out today:
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.
(citations omitted)
While the decision certainly isn’t a complete win for RKBA proponents, the paragraph quoted above which finds that the Second Amendment is incorporated (meaning it applies to state & local governments rather than just the federal government) is a major landmark.
Train hard & stay safe! ToddG
It’s a small win… But I’ll take it for now
Consider the source…I’m all sorts of happy that the 9th Circuit actually incorporated the second. It reminds me of the Heller decision, really…not anywhere near perfect, but a solid stepping stone.
Wow. The 9th Circuit states that Heller makes the 2nd an individual right. That is pretty big.
Edit the previous: An individual right applied to the STATES. Like the man said,incorporation is a rather big step to RKBA, and incorporation in one of the more liberal circuits is quite a coup.
uh oh, there are two Phil’s posting here now. lol. I will have to change my nickname to something more original.