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Silveira v. Lockyer

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Status of
Silveira v. Lockyer

This page last updated: November 24, 2003

“The fundraising by is essential to Silveira v. Lockyer and has my backing 100%.”

— Gary Gorski, Attorney for Plaintiffs, Silveira v. Lockyer

Silveira v. Lockyer is currently on appeal to the United States Supreme Court. The Justices have a Conference on the case on November 26, 2003. We're hoping to hear on the following Monday that they will be hearing this lawsuit. If they do, it will be the first time in the history of this nation that a true Second Amendment case is argued and briefed on both sides by competent and informed counsel.

Following are links to the documentary history of the Silveira lawsuit, from most recent to oldest:

Pleading/File (click links below to view)


Reply Brief of Petitioners
This is the response to the State of California's brief opposing the Silveira petition. It was filed just five days after California's brief in opposition.
October 27, 2003
Brief in Opposition to Petition for Writ of Certiorari
This is the State of California's brief filed in opposition to the Silveira petition. Their response was filed right at their 30-day deadline.
October 22, 2003
Court's "Request" to California to Respond to Petition for Writ of Certiorari
California waived their right to respond to the Petition on August 7. On September 22, the Supreme Court ordered them to respond anyway, leading many people to believe they would probably hear the case.
Sept. 22, 2003
Amicus Briefs from Six Gun Rights Groups in Support of Petition
We gave a whole page to this as there are so many, and some of them involve more than one file.
July 30, 2003
August 7, 2003
Petition for Writ of Certiorari
This is the petition appealing to the United States Supreme Court for a hearing on this true Second Amendment case. It was intentionally filed the day before Independence Day -- only because the Court is closed on July 4th.
July 3, 2003
Order Denying En Banc Hearing in Ninth Circuit Court
This is the denial of a full court (en banc) rehearing of the Silveira lawsuit. Notable are the six dissents in support of the individual right to keep and bear arms -- including one that has 114 footnotes and is very well done. The above link is our announcement page which includes the poignant dissents. The actual order is linked from that page.
May 6, 2003
Amended Opinion by Judge Reinhardt
After Mr. Kilmer's Notice, Judge Reinhardt realized what a blunder it was to tout lying professor Bellesiles and amended his opinion to exclude those references.
January 27, 2003
Request for Judicial Notice: Academic Fraud Committed by Authors of Authorities Cited in Silveira v. Lockyer
This was filed by Nordyke v. King attorney Don Kilmer to notify the court that Judge Reinhardt was citing a scoundrel.
December 30, 2003
Deceitful Anti-Second Amendment Opinion by Ninth Circuit Judge Reinhardt
This is laughable Judge Reinhardt's uninformed and wishful rant about how the Second Amendment doesn't mean what it means. If you read it, you'll note that he even went so far as to cite debunked former Emory professor Michael Bellesiles -- the "historian" who invented facts and was ultimately forced to resign in disgrace.
December 5, 2002
Memorandum and Order
This is the United States District Court, Eastern District of California agreeing that retired police officers do not deserve extra-citizen treatment but continuing the lie that the Second Amendment is not a right of the People.
December 13, 2000
Original Silveira v. Lockyer Complaint
This is the original complaint filed by California attorney Gary Gorski. It seeks to overturn California's ban on certain semi-automatic rifles based on the fact that the gun ban is a clear violation of the Second Amendment to the Bill of Rights. We're aware of certain minor problems in the complaint, and so is Mr. Gorski -- but the case is much larger than this complaint, as can be seen by careful study of the Certiorari Petition.


Additional Information on the Silveira v. Lockyer website:

Overview of the Case
This page includes a synopsis of the case and its history, the objectives of the case, statements from the originator of the case and our relationship with him, and our commitment to the case.

Status of the Case
This page includes each filing in the case to date and what comes next.

Silveira in the News
This page includes links to media reports about Silveira v. Lockyer.

Home Page
The home page for Silveira v. Lockyer is


"The fundraising by is essential to Silveira v. Lockyer and has my backing 100%."

— Gary Gorski, Attorney for Plaintiffs, Silveira v. Lockyer


And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. — Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy p. 20, S. Padover ed., 1939

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