View Full Version : regarding the ban of handguns in San Francisco
07-10-2005, 1:31 AM
I do not know my laws very well but how is this ban constitutional? Do we not have the right to bear arms? Could someone please explain to me how this works?
07-10-2005, 9:03 AM
In a nutshell there is no 2nd Amendment in the California State Constitution. California is in the 9th Circuit court district. Some call it the 9th Circus. Many feel that it is composed of too many left leaning activists that are typically not pro gun.
A California State anti-gun ruling has to be challenged and sent to the Supreme Court in where it can be effectively ruled that even California government has to abide by the Constitution of the United States.
That has not happened yet. It may never happen.
07-10-2005, 12:33 PM
If you go to the 9th circus, I mean, 9th circuit website you will find that most were nominated by none other than Clinton.... I wonder when Reihhardnt(forgot his name) will leave...
07-10-2005, 2:41 PM
To go into more detail, in December of 2002, the U.S. 9th Circuit Court of Appeals ruled that the California assualt weapons ban was legal because the Second Amendment did not protect the rights of individual people to keep and bear arms, but rather the right of the States to maintain militias. The U.S. Supreme Court then refused to hear the case, so the ruling still stands.
So now individual people have no U.S. Constitutional right to keep and bear arms if they live in any of the states that come under the 9th Circuit Court's jurisdiction. Those states are...
But all of those states, except for California, have state constitutions that protect the individuals right to keep and bear arms.
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