The Ninth Circuit Shows Us How to Protect Gun Rights

The Ninth Circuit Shows Us How to Protect Gun Rights

Morgan Meritt of Del City, Oklahoma, joins other members of the Oklahoma Open Carry Association (OKOCA) wearing unconcealed side arms as they gather at Beverly’s Pancake House in Oklahoma City, November 1, 2012. These are words I never, ever thought I’d type: Two different panels of the Ninth Circuit Court of Appeals have written opinions that — taken together — provide not only the proper roadmap for understanding the right to “keep and bear arms” but also the proper roadmap for effective, constitutional gun control. I wrote about the first case last week . A divided panel affirmed a trial court’s injunction blocking the state of California’s confiscation of so-called “large-capacity” magazines. While the court’s opinion was short — and confined to determining whether the lower court had abused its discretion — it contained two key statements. The court noted that the Second Amendment protected ownership of weapons that have a “reasonable relationship to the preservation or efficiency of a well-regulated militia” and that “the ammunition for a weapon is similar to the magazine for a weapon.” Combined with Heller ’s clear statement that the Second Amendment protects weapons in “common use” for “lawful purposes,” then one can see that proclaiming a weapon “military-style” (as gun controllers often do with AR-15s or Glocks) doesn’t diminish their constitutional protection. Instead, their common ownership, combined with their “reasonable relationship” with militia use, should enhance their constitutional status. The second case was decided yesterday . A different divided panel struck down the […]

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