2nd Amendment applies to the States (9th Circuit Rules)

[SigForLife]

This will surely go up to the Supreme Court.

http://blog.princelaw.com/2009/4/20/...te-9th-circuit

[Curmudgeon]

This will surely go up to the Supreme Court.

http://blog.princelaw.com/2009/4/20/...te-9th-circuit

Nice find. Please join our discussion, already in progress.

http://forum.pafoa.org/pennsylvania-...amendment.html

[SigForLife]

Sorry, I didn't see the post there. It is more of a national issue than solely PA, which is why I didn't check there.

[LittleRedToyota]

This will surely go up to the Supreme Court.

this particular case is not likely to go to the supreme court.

the county actually won (even though the 2nd was incorporated), so they can't appeal it (and prolly would not want to anyway since they won).

however, it will likely help lead to a different case from a different circuit which rules the 2nd is not incorporated going to the supreme court. (as that means two circuits have ruled differently and that is often when SCOTUS gets involved.)

[LittleRedToyota]

Sorry, I didn't see the post there. It is more of a national issue than solely PA, which is why I didn't check there.

yes, i screwed up an accidentally posted it to the wrong forum.

unfortunately, i don't think i can move it. hopefully, maybe a mod will move it.

at any rate, my fault...not yours.

[SigForLife]

The plaintiffs can appeal and they have everything to gain.

[LittleRedToyota]

The plaintiffs can appeal and they have everything to gain.

but they won't be appealing on the incorporation issue.

if SCOTUS accepts the case, it will be to hash out whether or not the 2nd amendment applies outside of the home...and i personally don't see them wanting to get into that if they can help it. so, i personally do not see them taking the case.

[SigForLife]

The reason I say it is likely to be appealed is that the plaintiff's lost and have a lot to gain. There are very few legal experts who expect that the Supreme Court would rule that the Doctrine of Incorporation doesn't apply to the state with regards to the 2nd Amendment. Thus, if the plaintiff's appeal and are granted Cert, the state is going to argue that the 2nd Amendment doesn't apply to the state. Even if they didn't, the SCOTUS is sure, at least in dicta, to mention its contention on the subject.

[LittleRedToyota]

Thus, if the plaintiff's appeal and are granted Cert, the state is going to argue that the 2nd Amendment doesn't apply to the state.

i doubt it. they already won without that argument...and already lost on that argument.

they would just argue that the 2nd doesn't apply on county property (but, rather, applies only in the home)...just like the circuit court said.

moreover, though, just because the plaintiffs appeal doesn't mean that SCOTUS will actually hear the case. and i'd bet a dollar to a donut that they won't...as the case will focus on whether or not the 2nd amendment applies outside of the home on county property--and i really don't see them wanting to touch that (and, frankly, if they do, they will likely uphold the circuit courts ruling and that would be bad for us).