State right. based on the first clause of the statement.

larry

At 12:23 PM 12/6/02 -0500, you wrote:
>OK folks. Snap poll:
>
>"A well-regulated militia being necessary to the security of a free state, 
>the right of the people to keep and bear arms shall not be infringed." - 
>The second amendment to the constitution of the United States
>
>1. This proclaims an individual right.
>
>2. This proclaims a state right.
>
>My rant will follow.
>
>Tim
>
>-----Original Message-----
>From: Howie Hamlin [mailto:[EMAIL PROTECTED]]
>Sent: Friday, December 06, 2002 12:15 PM
>To: CF-Community
>Subject: Court Upholds Calif. Assault Weapons Ban
>
>
>Court Upholds Calif. Assault Weapons Ban
>
>Thu Dec 5,10:36 PM ETAdd U.S. National - AP to My Yahoo!
>
>By DAVID KRAVETS, Associated Press Writer
>
>SAN FRANCISCO(AP) - A federal appeals court unanimously upheld 
>California's ban on assault weapons Thursday, saying
>individuals had no right to bear arms under the Second Amendment.
>
>"The historical record makes it equally plain that the amendment was not 
>adopted in order to afford rights to
>individuals with respect to private gun ownership or possession," Judge 
>Stephen Reinhardt wrote in the 9th U.S. Circuit
>Court of Appeals decision.
>
>Weapons owners challenged amendments to a 1989 law that originally 
>outlawed 75 high-powered weapons with rapid-fire
>capabilities. The Legislature passed the nation's first law banning such 
>weapons after a gunman fired a semiautomatic
>weapon into a Stockton school yard, killing five children and injuring 30.
>
>Following California's lead, several states and the federal government 
>passed similar or even stricter bans.
>In 1999, California lawmakers amended the law to ban assault weapons based 
>on a host of features instead of specific
>makes and models - a move that outlawed hundreds of so-called copycat 
>weapons not clearly defined in the initial law.
>
>"While I respect the rights of Californians to pursue hunting and sports 
>shooting, and of law-abiding citizens to
>protect their homes and businesses, there is no need for these military 
>style weapons to be on the streets in our
>state," said Bill Lockyer,
>California's attorney general.
>
>The National Rifle Association said it was disappointed with the ruling.
>
>"From an organizational standpoint, for 131 years we've been standing 
>steadfastly to protect the freedoms of all law
>abiding Americans and stand steadfastly that the Second Amendment is an 
>individual right and will continue to do so,"
>said NRA spokesman Andrew Arulanandam.
>
>Arulanandam said it was too early to tell what the effects of the decision 
>would be.
>
>Attorneys for the suing gun owners did not immediately return phone calls 
>Thursday.
>
>
>
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