Mass: "Black robes and hot lead"

[Cuchulainn]

Notice how they act as if Emerson doesn't even exist. The antis really seem to be attempting to pretend that the 9th is a higher court than the 5th.

Sunday, December 15, 2002 - 12:16:51 AM MST

Black robes and hot lead

The recent federal appeals court ruling upholding California's ban on assault weapons represented a single ray of light in an otherwise nightmarish atmosphere of national gun lunacy. Rejecting Attorney General John Ashcroft's stated opinion that the Second Amendment of the Constitution guarantees all citizens the right to arm themselves to the teeth, a three-judge panel of the Ninth Circuit Court of Appeals ruled this month that on gun-ownership, the Constitution refers only to state militias and not to individuals.
The decision is consistent with earlier rulings, including one by the Supreme Court. The Second Amendment reads: "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 National Rifle Association likes to brandish the words "free" and "right of the people" but ignores "well regulated" and "militia." The intent of the framers, however, is plain. Even in the rural society of farmers and hunters they knew, it made sense to regulate weapons. The California ban on 75 types of assault weapons -- weapons of war, basically -- was enacted in the wake of a 1989 schoolyard massacre in Stockton. The gun owners who challenged the ban and lost may appeal to the Supreme Court. If they do, the case will provide the high court with an opportunity to clarify the Second Amendment once again and help governments better cope with an NRA-created atmosphere of hot-lead anarchy.

The only immediate hope for gun-control advocates lies with the courts, for Republican dominance in Congress and the White House means no relief from the NRA's anything-goes gun policies from those branches of government. Democrats haven't been much help either since the 2000 presidential election when Al Gore, pummeled by the NRA, lost his home state of Tennessee -- and the national election -- at least in part because of his past support for mild gun control.

Meanwhile, the need simply to strengthen existing gun laws is stark. The rifle used in the Washington-area sniper attacks last fall was traced to a Tacoma, Washington, gun shop notorious for its sloppy record-keeping and contempt for federal regulations. Bull's Eye Shooter Supply had been warned repeatedly to clean up its act. At both the shop and at Bull's Eye gun-show displays, guns were frequently misplaced or stolen, with no way to trace where they ended up. Under pressure from the NRA, Congress has purposely kept laws so weak -- it can take years to revoke a dealer's license -- that all the firearms regulators could do was write warning letters to Bull's Eye. Federal agents aren't even certain whether the snipers' rifle was purchased from Bull's Eye or stolen.

Sadly, the Bush adminstration is bent on watering down, not beefing up, gun laws. It opposes a national ballistics database. Mr. Ashcroft, choosing gun-lobby loyalty over public safety, even insists on keeping gun-sales records away from anti-terrorism investigators. American lives may have to be sacrificed on the altar of an ideological purity that neither the courts nor wide public opinion considers constitutional or even rational.

[Number 6]

the citation for the above?

[Cuchulainn]

Oops.

http://www.berkshireeagle.com/Storie...054026,00.html

[Number 6]

It figures.

Ever notice how these smaller papers ape the major ones - in this state, the Boston Globe - to appear urbane and sophisticated?

Pittsfield is in Western Mass., still a rural/blue collar area with a lot of hunters. The editorial board is obviously sucking up to the "Five College Community" and Ben & Jerry socialists over the border in Vermont........

[dog3]

Good Number 6 graced us with;

"obviously sucking up to the "Five College Community" and Ben & Jerry socialists over the border in Vermont........"

The only state that actually recognises the
2nd amendment. The only one. THE ONLY
ONE.

[Number 6]

is well-known. It is also in peril from precisely those elements identified above.

Vermont has been a mecca for the New Age types for over three decades, as well as yuppies oozing North from NY and CT on 91. Want evidence?

1. Ben & Jerry's corporate support of anti-gun groups;
2. The skyrocketing cost of land;
3. The commensurate decline in family farms; and
4. Phish.

Enough?

[dog3]

I have no doubt that the Green Mountain
State will follow the lead of the other
49 in time. However, since it is the
ONLY state that recognises the 2nd
as law, I say credit where credit is
due.

[4V50 Gary]

Actually the 9th Circuit decision will probably bring us closer to a decision by the Supremes on the 2A issue & the sooner the better. We want Rehnquist to be the presiding judge when it happens and not some neo-Gore/Hilterly clone appointee.