McFreedom

Politics, Guns, Law and Tech

Thursday, December 05, 2002

 

Ninth Circuit says the Second Ammendment isn't an Individual Right

The Ninth circuit has just reasserted that the 2nd Ammendment provides no individual right to gun ownership (or anything else, for that matter). I'm still reading the opinion, but it is interesting that they seem to acknowledge that this is still very much a debated question ("Given the dearth of both reasoned and definitive judicial authority, a particularl active academic debate has developed...Compare, e.g.Eugene Volokh[!], The Commonplace Second Ammendment...and Sanford Levinson, The Embarassing Second Ammendment..."). Unfortunately, they seem to feel that they have settled the debate.

I'd guess from here that the Appellants will appeal and hopefully the Supreme Court will take up the question, since the 9th and 5th circuits have clearly issued opinions that blatantly disagree with each other. Maybe we'll actually have some settled answer to the question of an individual right to own guns by, say, June of 2004?






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