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The
Below Comments Relate to this Newslink:
CO: Constitution not source on rights for guns
Submitted by:
Bruce W. Krafft
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"There have been recent inquiries to the Coloradoan regarding private gun ownership under the Second Amendment. The simple answer to this question about the so-called rights under the Second Amendment to the U.S. Constitution is that you don't have any."
"The only rights that individuals have regarding the private ownership of weapons is what are granted by the Constitution of the State of Colorado." ...
"The Supreme Court has never decided the issue; however, there is currently a conflict between two Circuit Courts of Appeals that make the issue ripe for review by the Supreme Court, but unfortunately the individuals involved in the two cases have not seen fit to appeal either case to the Supreme Court. See U.S. v Emerson 270 F. 3d 203 (5th Cir. 2001) is in favor of individual ownership and Silveira v Lockyer 312 F. 3d 1052 (9th Cir. 2002) is against individual ownership." ...
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Submitter's Note: Emerson had two writs of certiorari denied. The first on June 10, 2002 and another on July 2, 2004. In Silveira certiorari was denied December 1, 2003. |
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| QUOTES
TO REMEMBER |
| As an individual, I believe, very strongly, that handguns should be banned and that there should be stringent, effective control of other firearms. However, as a judge, I know full well that the question of whether handguns can be sold is a political one, not an issue of products liability law, and that this is a matter for the legislatures, not the courts. The unconventional theories advanced in this case (and others) are totally without merit, a misuse of products liability laws. — Judge Buchmeyer, Patterson v. Gesellschaft, 1206 F.Supp. 1206, 1216 (N.D. Tex. 1985) |
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