Good news in CA!

[Nomad101bc]

The NRA and several other groups just defeated the San Fransisco gun ban for good today. This will force many cities to reconsider their anti gun ordinances. The land of fruits and nuts is finaly shaping up; freedom might still have a chance.

The only thing that really worries me is the arguement used was about how it violated premption statutes not that it was unconstitutional. It seems we may have simply taken to ignoring the bill of rights all together.

 

[DJAteOhAte]

We're already discussing that here: http://thehighroad.org/showthread.php?t=330054

 

[Nomad101bc]

ohh sorry did not see that post.

 

[Sheldon J]

Darn, I was hoping to see that God had finally acted and that LA and Frisco had slid into the ocean!

 

[RP88]

if there is a God, he'll get around to it eventually

 

[Gray Peterson]

The only thing that really worries me is the arguement used was about how it violated premption statutes not that it was unconstitutional. It seems we may have simply taken to ignoring the bill of rights all together.

It's not that. California has no RKBA provision, and the 9th Circuit Court of Appeals in Silveira v. Lockyer and Hickman v. Block ruled the second amendment a "collective right of the states". Until relief comes from Heller, there will be no second amendment/14th amendment challenges in California. The good thing is, though, that every state in the 9th Circuit with the exception of California has their own RKBA provision.

 

[billwiese]

Bitch about CA all you want, but the demographic forces affecting CA will be affecting folks bitching about CA too in a few years - it just takes time, population growth/shifts and rural->metro area skews. A quick redistricting favoring metro areas, and voila, California II.

My bet is AZ and Florida will have antigun issues next, and even TX is getting a very urban-skewed population.

We're slowly managing to begin rolling things back, though.

After all, whoda thunk you'd ever see AR & AK receivers in gunshops shelves after 2000? Now they're all over the place.


Bill Wiese
San Jose CA

 

[Zundfolge]

Bitch about CA all you want, but the demographic forces affecting CA will be affecting folks bitching about CA too in a few years - it just takes time, population growth/shifts and rural->metro area skews. A quick redistricting favoring metro areas, and voila, California II.

I love how when people bitch about CA, along comes some poor Californian to reinforce the bitching

 

[BamBam-31]

Bill has done more for CA gunowners' rights than just about anyone I can think of. Certainly more than most keyboard commandos on the interweb.

Thanks again, Bill.

 

[QuickDraw]

Lonnie,
Could you expand on that a little more?
I'm curious about the relation of other states
RKBA to Californias.
Thanks

 

[esq_stu]

I'm not Lonnie, but . . .

In the Federal courts, whatever the 9th Circuit says goes in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. So if the 9th Circuit says something is true under federal law in a case about Montana, for instance, it is also the case in CA.

In practical terms, since the 9th Circuit says there's no individual RKBA in those places, it applies in all those places until SCOTUS says otherwise. But some of those states may still protect RKBA under their constitutions.