Tuesday, April 21, 2009

9th Circuit: 2A Is "Incorporated"

A 3-judge panel of the 9th Circuit has ruled that the Second Amendment is "incorporated."

The Constitution’s protection of an individual right to have guns for personal use restricts the powers of state and local government as much as it does those of the federal government, the Ninth Circuit Court ruled Monday. The opinion by the three-judge panel can be found here. This is the first ruling by a federal appeals court to extend the Second Amendment to the state and local level

...Ruling on an issue that is certain to reach the Supreme Court, the Circuit Court concluded “that the right to keep and bear arms” as a personal right has become a part of the Constitution as it applies to the states through the Fourteenth Amendment’s due process clause

This IS the "9th Circus," right?

Yup. They couldn't help themselves:

...following the lead of the Supreme Court’s decision last June in District of Columbia v. Heller, finding a personal right in the Second Amendment for the first time, the Circuit Court concluded that the right as interpreted by the Justices is limited to “armed self-defense” in the home

That most certainly is not a valid interpretation of the Second Amendment--which was adopted to keep Government in line.

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