9th Circuit: 2nd Amendment Incorporated under 14th

Via Insty, a writeup at Volokh:

Second Amendment Incorporated by Ninth Circuit Panel, in Nordyke v. King. For those who count such things, the unanimous panel consists of a Reagan appointee (Judge O'Scannlain, who wrote), a Carter appointee (Judge Alarcon), and a Clinton appointee (Judge Gould).

Turn out the lights, the party's over. The Second Amendment will not be legislated out of existence, no matter what Nancy Pelosi and Diane Feinstein want. Here's why.

The 9th Circuit is the Moonbat circuit, centered on the San Francisco - Portland - Seattle axis. In the Moonbat Circuit, two Democratic and one Republican appointees unanimously held that the Second Amendment is incorporated by the 14th. The reasoning is brutal to the gun grabbers:

(1) It points to evidence that the right was seen as very important by the Framers, and concludes, "This brief survey of our history reveals a right indeed 'deeply rooted in this Nation’s history and tradition.' Moreover, whereas the Supreme Court has previously incorporated rights the colonists fought for, we have here both a right they fought for and the right that allowed them to fight."

(2) It points to continued support for the right from the Framing on, noting among other things that 44 state constitutions contain a right-to-bear-arms provision.

(3) It particularly points to the support of the right, including its self-defense component, around the time the Fourteenth Amendment was ratified.

Massachusetts gun laws are toast. Stick a fork in them; if the Moonbat Circuit has no dissent - let me say that again, no dissent - then the Second means what it says.

This morning, I didn't think that today could get any better. Please excuse me while I go do the Happy Dance.

UPDATE 20 April 2009 15:04: More at Volokh here. Wiggle room for gun banners, but not a lot. Certainly the idea of incrementalism leading to all guns being banned had had a stake driven through its heart, by the Moonbat Circuit, no less. I perhaps won't do the Happy Dance as vigorously, but I will dance nonetheless.

UPDATE 20 April 2009 16:55: Heh:


Borepatch. The 9th circuit is totally my bitch.

UPDATE 20 April 2009 21:15: Welcome visitors from Chad Crayton. More Second Amendment stuff here.