Anyone find it ironic that this is the 9th circuit again? I wish we
could just drop California into the Europeans laps...they would get
along really nicely. They both seem to dig the higher taxes, less
rights thing.

-- 
 jon
 mailto:[EMAIL PROTECTED]

Friday, December 6, 2002, 1:22:26 PM, you wrote:
LCL> The Post's take on this case:
LCL> http://www.washingtonpost.com/wp-dyn/articles/A15919-2002Dec5.html


LCL> Stance on Guns for Individuals Rejected
LCL> Court Slaps Down Ashcroft Policy

LCL> LOS ANGELES, Dec. 5 -- A federal appeals court ruling in defense of 
LCL> California's ban on assault weapons has rejected a new Justice Department 
LCL> policy asserting that the Second Amendment affords individuals, not just 
LCL> state militias, broad rights to own guns.
LCL> In a 72-page opinion, the U.S. Court of Appeals for the 9th Circuit said 
LCL> today that Attorney General John D. Ashcroft's policy change, announced 
LCL> last year, has no legal standing. The ruling conflicts with another federal 
LCL> appeals court ruling in the 5th Circuit last year that formed the legal 
LCL> basis for Ashcroft's decision.


LCL> At 12:14 PM 12/6/02 -0500, you wrote:
>>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.
>>
>>
LCL> 
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