Tuesday, May 06, 2003

Instapundit carries the news that the 9th Circuit is divided over the Second Amendment. This comes as a result of the decision by the 9th Circuit to not rehear en banc the Silveira vs. Lockyer case in which a California assault weapons ban has been challenged on the grounds that it is violative of an individual's Right to own & possess Arms.
Eugene Volokh has some specifics on the dissent. It seems 6 of the judges did not agree with the courts decision, or at least the reasoning behind the decision. Prof. Volokh also comments on Judge Kleinfeld's dissent.
What this means in practical terms is that the case is now open to review by the Supreme Court, although as Prof. Volokh points out there is some question as to whether they will hear it.
HowAppealing has some thoughts on this decision. But if you're not satisfied with merely reading the summation & opinions of bloggers, you can see the 9th circuit's decision for yourself here. & you can read the original (amended) decision in the Silveira vs. Lockyer case here.

Update: Clayton Cramer has posted some interesting excerpts from the dissenters.

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