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The
Below Comments Relate to this Newslink:
CA: Sunnyvale, Calif., Gun Limits Upheld by 9th
Submitted by:
Mark A. Taff
Website: http://www.marktaff.com
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The 9th Circuit refused Wednesday to throw out a ban of large-capacity gun magazines in Sunnyvale, Calif.
Writing for a three-judge panel, Judge Michael Daly Hawkins saw no reason to question the lower court's holing that a law "restricting possession of certain types of magazines burdens conduct falling within the scope of the Second Amendment."
The ban embodied in voter-approved Measure C gave Sunnyvale gun owners until March 6 this year to turn over to police all gun magazines holding more than 10 rounds.
"We think the court got it right," Tony Schoenberg of Farella Braun + Martel, attorney for the City of Sunnyvale, said in an interview. "It applied the right level of scrutiny and recognized the interests served by this law." |
| Comment by:
teebonicus
(3/5/2015)
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Luck of the draw. Last time, we lucked out with two of the three judges being constructionists.
This time, the socialists lucked out with a panel composed entirely of collectivist activists. |
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| QUOTES
TO REMEMBER |
| "Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them. For those who believe it to be outdated, the Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it. If the Second Amendment were truly an outdated relic, the Constitution provides a method for repeal. The Constitution does not furnish the federal courts with an eraser." --9th Circuit Court Judge Andrew Kleinfeld, dissenting opinion in which the court refused to rehear the case while citing deeply flawed anti-Second Amendment nonsense (Nordyke v. King; opinion filed April 5, 2004) |
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