View Full Version : From VCDL (2nd incorporation)

04-23-2009, 8:19 AM
The 9th Circuit Court ruled yesterday that the 2nd Amendment is
incorporated through the 14th Amendment!

Who does it affect and what does incorporation mean?

It applies to residents of: Alaska, Arizona, California, Hawaii,
Idaho, Montana, Nevada, Oregon, and Washington.

What it means is that the Second Amendment is now a right protected at
the state and local levels for the residents of the above.

For California this could be huge: California has no protection for
the right to keep and bear arms in their constitution. This new
ruling means that the Second Amendment rights are protected
regardless. This could help open California up to becoming a "shall
issue" state, for example. It might also invalidate their "assault
weapon" ban down the road.

Hawaii is in the same boat as California.

While it doesn't mean anything for Virginia at this time, it is a very
promising thing for us as the 9th Circuit is not known as being
particularly gun friendly. Indeed, until overturned by the Supreme
Court in DC vs Heller, the 9th Circuit had ruled that the Second
Amendment was but a collective right.

The case that triggered the ruling was brought on behalf of a gun show
company that wanted to use county property to hold a gun show. The
ruling actually went against the gun show. The 9th Circuit claimed
that since the U.S. Supreme Court ruling in DC vs Heller had said that
guns can be banned from "sensitive" government buildings, the county
was within its powers to ban the gun show. To say that a coliseum is
a sensitive government building is stupid, of course. Welcome to the
9th Circuit.

Parts of the Heller ruling on where guns can be prohibited are going
to haunt us for some time to come. For example, here in Virginia the
antis have invoked the "sensitive government building" dicta when
trying to prohibit guns in libraries and government meetings.

("Dicta" is where a court says something, like a remark, comment, or
thought, that is not part of an actual ruling. Thus dicta does not
carry the weight of law, but it carries some weight nevertheless.)

Here's is an article on the incorporation by the Cato Institute:



Yes, California, There Is an Individual Right to Keep and Bear Arms
Posted by Ilya Shapiro

Last June, the Supreme Court ruled in District of Columbia v. Heller
that the Second Amendment protects an individual’s right to keep and
bear arms, at least in the home for self-defense. Here’s our own Bob
Levy, who masterminded the Heller litigation, talking about that

While the Court’s ruling was a watershed in constitutional
interpretation, it technically applied only to D.C., striking down the
District’s draconian gun ban but not having a direct effect in the
rest of the country.

Well, today the Ninth Circuit (the federal appellate court covering
most Western states) ruled that the Second Amendment restricts the
power of state and local governments to interfere with individual
right to have guns for personal use. That is, the Fourteenth
Amendment “incorporates” the Second Amendment against the states, as
the Supreme Court has found it to do for most of the Bill of Rights.
I rarely get a chance to say this, but the Ninth Circuit gets it
exactly right.

Here’s the key part of Judge Diarmuid 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.” Colonial
revolutionaries, the Founders, and a host of commentators and
lawmakers living during the first one hundred years of the Republic
all insisted on the fundamental nature of the right. It has long been
regarded as the “true palladium of liberty.” Colonists relied on it to
assert and to win their independence, and the victorious Union sought
to prevent a recalcitrant South from abridging it less than a century
later. 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 the states and local

In short, residents of Alaska, Arizona, California, Hawaii, Idaho,
Montana, Nevada, Oregon, and Washington now join D.C. residents in
having their Second Amendment rights protected. And courts covering
other parts of the country — most immediately the Seventh Circuit,
based in Chicago — will have their chance to make the same
interpretation in due course.

Just as interesting — and potentially equally significant — is the
footnote Judge O’Scannlain drops at the end of the above text in
response to arguments that the right to keep and bear arms, regardless
of its provenance as a fundamental natural right, is now controversial:

But we do not measure the protection the Constitution affords a
right by the values of our own times. If contemporary desuetude
sufficed to read rights out of the Constitution, then there would be
little benefit to a written statement of them. Some may disagree
with the decision of the Founders to enshrine a given right in the
Constitution. If so, then the people can amend the document. But
such amendments are not for the courts to ordain.

Quite right.

************************************************** *************************
VA-ALERT is a project of the Virginia Citizens Defense League, Inc.
(VCDL). VCDL is an all-volunteer, non-partisan grassroots organization
dedicated to defending the human rights of all Virginians. The Right to
Keep and Bear Arms is a fundamental human right.

VCDL web page: http://www.vcdl.org

04-23-2009, 9:06 AM
All I have to say is thank god for the 1st amendment. It enables one to fly the flag of a defeated nation with pictures of war criminals on it.


04-24-2009, 5:51 AM

04-24-2009, 8:49 AM
All I have to say is thank god for the 1st amendment. It enables one to fly the flag of a defeated nation with pictures of war criminals on it.

Same ammendment that let's you use your dildo as an avatar.