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America, Liberty has won the day! Our Civil Rights, as stated in the Bill of Rights in the Constitution have been upheld.
Yesterday April 20th, the 9th Circuit Court of Appeals upheld the Second Amendment, the right to keep and bear arms, and incorporated that decision onto the states through the 14th Amendment. In a victory for constitutionalists and Gun Rights advocates, Judge Diarmuid O’Scannlain’s Opinion in the case Nordyke vs. King states in part the following:
“We therefore conclude that the right to keep and bear arms is “deeply rooted in this Nation’s history and tradition.” Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the “true palladium of liberty.” Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited. We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments.”
This means in short, our right to keep and bear arms is constitutionally protected, and incorporates the states by way of the 14th amendment, and so the states in the 9th Circuit, Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.
In his concurring Opinion Judge Gould stated in part,
“The salient policies underlying the protection of the right to bear arms are of inestimable importance. The right to bear arms is a bulwark against external invasion. We should not be overconfident that oceans on our east and west coasts alone can preserve security.” “Second the right to bear arms is a protection against the possibility that even our own government could degenerate into tyranny, and though this may seem unlikely, this possibility should be guarded against with individual diligence.”
This is a gem of a decision out of the most liberal Circuit Court in the Nation. Liberty has won the day!
For more information: Nordyke vs. King
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