California's 9th fed Circuit gone insane.

[fubar]

http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf

Quote : " We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments. "


I'm not smart enough to believe this means what it says .... does it ?

 

[Realtor MA]

while the Second Amendment thus stands as a protection
against both external threat and internal tyranny, the recognition
of the individual’s right in the Second Amendment,
and its incorporation by the Due Process Clause against the
states, is not inconsistent with the reasonable regulation of
weaponry. All weapons are not “arms” within the meaning of
the Second Amendment, so, for example, no individual could
sensibly argue that the Second Amendment gives them a right
to have nuclear weapons or chemical weapons in their home
for self-defense.

Here's the good news and the bad news. The document goes on to say that the difficulty will be in determining what is/is not reasonable regulation.

 

[JRyan]

arms = guns, including full auto.
nuclear weapons = ordinance.

just IMO.

 

[RKG]

See discussion in http://northeastshooters.com/vbulletin/showthread.php?t=56567&page=5

 

[matt1956]

I believe that if you look (i had it once and cant find the link)

but "ARMS" were defined as weapons common to the infantry.

pistols, long arms, blades, ect.

Cannons, mortars were not "common" to the infantry.

So the implication was that if the army can carry a side arm and a M4, then it would be reasonable that a civilian could as well.

However, an infantry man can surely not carry a nuke, tank, howizer, ect, so there for, those could be restricted.

although the argument for an RPG could be made