Wednesday, April 22, 2009

Ninth Circuit Says Second Amendment Incorporated

A few days ago, and shortly after visiting our chapter to discuss the prospect of splitting the Ninth Circuit, Judge O'Scannlain authored an opinion holding that the Second Amendment's right to keep and bear arms is a fundamental right "deeply rooted in this Nation's history and tradition," (quoting Moore v. City of East Cleveland) and thus incorporated against the states through the Due Process Clause of the Fourteenth Amendment.

The full decision is here: http://www.scotusblog.com/wp/wp-content/uploads/2009/04/nordyke-ca-4-20-09.pdf