4/20/2009

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 O'Scannlain's opinion:

"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 thestates and local governments."

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3 Comments:

Blogger Noneof said...

What may be most important is the acknowledgment that the Second Amendment is protected under the Fourteenth. A small, but important, victory

4/20/2009 4:43 PM  
Blogger Raven Lunatic said...

Well, huh. Between this and Heller, gun rights just got a big boost. It'll be interesting to see if this get's kicked up to the Supreme Court, and if so what they'll say.

If I understand this correctly, this means that whether or not states pass bills allowing or disallowing concealed carry on campuses is moot; prohibiting said would be infringement, and thus unconstitutional under the 2nd and 14th amendments.

4/20/2009 9:17 PM  
Blogger John Lott said...

Dear Raven Lunatic:

Unfortunately, this case means nothing as far as gun issues are concerned. The court couldn't rule on the issue because the complaint that raised the 2nd amendment issue was ruled to late to be filed. They thus couldn't consider the issue.

4/20/2009 11:14 PM  

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