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Silveira v. Lockyer

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Articles/News on
Silveira v. Lockyer

On Our Website   |   Around the Web


On Our Website

Reflections Upon the U.S. Supreme Court's Rejection of Silveira
by Peter J. Mancus, California Attorney at Law
December 4, 2003

Supreme Court Refuses to Hear Second Amendment Case
Silveira v. Lockyer Petition for Writ of Certiorari Denied
December 1, 2003

United States v. Miller and Short-Barreled Shotguns
A Critical Analysis of the U.S. Supreme Court Opinion Including an Evidentiary Presentation

by Brian Puckett
NOTE: The above is the online version, but printed copies are also available.

KOPEL CLUELESS:
Silveira Lawsuit Attacker is Shooting Blanks

by Roy Lucas
--October 15, 2003

Silveira Second Amendment Case Needs Immediate Financial Support, and Here's Why
--October 1, 2003

Detailed Accounting/Status of Fundraising for Silveira v. Lockyer Second Amendment Lawsuit
--October 1, 2003

U.S. Supreme Court "Requests" Response from State of California in Silveira v. Lockyer Lawsuit
September 25, 2003

Briefs Filed in Support of Silveira v. Lockyer
August 7, 2003

NRA lying about Silveira case AGAIN
August 26, 2003

Unintended Consequences Author John Ross Endorses Silveira v. Lockyer Lawsuit.
July 23, 2003

Press Release Announcing Filing at Supreme Court
July 3, 2003

Ten Reasons Why the Supreme Court Should Hear Silveira v. Lockyer and Decide There is an Individual Right to Keep And Bear Arms Under the Second and Fourteenth Amendments
May 28, 2003

200 Patriots
by David Codrea
May 8, 2003
"We can continue trying the same old stale approaches that have led us down the path of continuous erosion of our rights — or we can strike out and try something bold — something worthy of the sacrifices of those who went before us."

Silveira v. Lockyer is Going to the Supreme Court!
--KeepAndBearArms.com
May 6, 2003
"Today is the day many of us have been waiting for. The 9th Circuit Court refused the request for an en banc (full court) rehearing of the Silveira v. Lockyer lawsuit. This was highly predictable. But the order denying the en banc hearing is far better than any of us predicted!"

CRPA/NRA Lawyer Undermining ALL Our Rights
by Brian Puckett
January 24, 2003
"I respect both the CRPA and NRA as organizations. I respect the faith and activism of their members. I do not respect many of the actions of their leadership. If you want to know why, read on."

Around the Web

Will the Justices Bite the Bullet?
by Tony Mauro, Legal Times
November 25, 2003
This is Mr. Mauro's report on the looming decision on whether or not the U.S. Supreme Court will be hearing the Silveira v. Lockyer case. It's nice that Mr. Mauro took the time to visit our site, but he certainly never contacted us for any information directly.

Justices to hear 2nd Amendment case?
Gun-rights supporters want high court to settle issue of individual rights

by Jon Dougherty, WorldNetDaily
July 4, 2003

Supreme Court Urged to End Drought on Gun Rights Cases

July 3, 2003
"The Supreme Court is being asked to overturn an appeals court ruling that said the Constitution does not guarantee people a personal right to own a gun."

Judges rap court on gun-rights case
by Frank J. Murray, Washington Times
May 13, 2003
"Six federal appeals-court judges last week delivered an extraordinary argument for their view that the Second Amendment guarantees individuals the right to own guns."

Gun Rights for the Gun Shy
by Adam Sparks, SFGate.com
"It's quite clear that the intent of the Founders were to both respect and protect the rights of Americans to bear arms. The only ones currently confused as to the meaning of the 2nd Amendment are those wacky liberals sitting on the Federal 9th Circuit Court of Appeals in San Francisco. They ruled last week that citizens have no particular rights under the 2nd Amendment. This is in direct conflict with the previous Supreme Court decisions. But hey, what do you expect from the most overruled circuit court in the nation?"

Chipping at the right to bear arms
Orange County Register
May 8, 2003
"Americans soon could see a shoot-out at the Supreme Court corral. Two circuit courts have issued contradictory readings of the Second Amendment right to keep and bear arms. Such contradictions commonly have been a reason for the top court to attempt to bring consistency to judicial interpretations."

May court save our gun rights
Albany Democrat
May 8, 2003
"Let us hope the Supreme Court will soon accept the latest gun-rights case and then clearly rule that Americans have a constitutional right to own certain weapons. ... Ownership of firearms by the average, reasonably careful citizen causes no overwhelming problems. And gun ownership by criminals is not something that an adverse court ruling can prevent."

9th Circuit Skirmish Over Second Amendment
Despite sniping by six colleagues, Reinhardt's gun ruling stands

by Jason Hoppin, The Recorder
May 7, 2003
"Judge Reinhardt's original opinion in Silveira v. Lockyer, 312 F.3d 1052, clashes with a 2001 ruling from the 5th Circuit, raising the possibility the U.S. Supreme Court will see the need to interpret the Second Amendment and its bearing on gun-control laws."

SF-based federal court says individuals have no right to bear arms
by David Kravets, AP Legal Affairs Writer
May 6, 2003
"The December decision by the 9th U.S. Circuit Court of Appeals upheld California's law banning certain assault weapons and revived the national gun ownership debate. With Tuesday's action, the nation's largest federal appeals court cleared the way for an appeal to the U.S. Supreme Court..."

Who’s Right on Second?
Living, breathing decisions.

by Eugene Volokh, National Review
December 6, 2002
"Someone asked me yesterday, after the Ninth Circuit's latest decision about the Second Amendment: Shouldn't courts read the Second Amendment as part of an evolving Constitution? Say the Ninth Circuit was wrong, last year's Emerson decision from the Fifth Circuit was right, and the Framers thought of the Amendment as securing an individual right. Shouldn't judges update it due to the passage of time, based on evolving standards of justice and practicality?"

9th Circuit: Gun Ownership Not a Personal Right
by Jason Hoppin, The Recorder
December 6, 2002
"The 9th U.S. Circuit Court of Appeals on Thursday ruled that there is no individual right to gun possession, holding that only state-run militias have a constitutional right to bear arms."

Attorney General Lockyer Issues Statement On Federal Appeals Court Ruling Upholding California's Assault Weapons Ban
--Press Release
December 5, 2002
"Attorney General Bill Lockyer today issued the following statement in response to the ruling by the U.S. Court of Appeals for the Ninth Circuit in Silveira v. Lockyer, No. 01-15098:  'I am pleased with the court's ruling upholding California's Roberti-Roos Assault Weapons Control Act. While I respect the rights of Californians to pursue hunting and sports-shooting, and of law-abiding citizens to protect their homes and businesses, there is no need for these military-style weapons to be on the streets of our state. I also am pleased that the court upheld exceptions to the law for peace officers who may be called to protect public safety even while off-duty. I am disappointed a similar exception for retired officers was not upheld.' "

Violence Police Center Press Release on Silveira ruling
--Press Release
December 5, 2002
"In response to today's 72-page decision in Silveira v. Lockyer by the Ninth Circuit Federal Court of Appeals unanimously upholding California's strict assault weapons ban and strongly rebutting the position embraced by Attorney General John Ashcroft that the Second Amendment guarantees an individual right to keep and bear arms, Violence Policy Center Litigation Director and Legislative Counsel Matt Nosanchuk stated the following:" ...

 

 QUOTES TO REMEMBER
There are other things so clearly out of the power of Congress, that the bare recital of them is sufficient, I mean the "...rights of bearing arms for defence, or for killing game..." These things seem to have been inserted among their objections, merely to induce the ignorant to believe that Congress would have a power over such objects and to infer from their being refused a place in the Constitution, their intention to exercise that power to the oppression of the people. —ALEXANDER WHITE (1787)

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