Silveira v. Lockyer
| Silveira v. Lockyer | |
|---|---|
F.3d 567 (9th Cir. 2003) | |
| Court membership | |
| Judge(s) sitting | Stephen Reinhardt, Frank J. Magill (8th Cir.), Raymond C. Fisher |
| Case opinions | |
| Majority | Reinhardt, joined by Fisher |
| Concurrence | Magill |
| Laws applied | |
| Second Amendment | |
Overruled by | |
| District of Columbia v. Heller, 554 US 570 (2008) | |
Silveira v. Lockyer, 312
Roberti-Roos Assault Weapons Control Act of 1989 (AWCA), California legislation that banned the manufacture, sale, transportation, or importation of specified semi-automatic firearms. The plaintiffs alleged that various provisions of the AWCA infringed upon their individual constitutionally-guaranteed right to keep and bear arms
.
Judge
fabricated research arguing that during the early period of US history, guns were uncommon during peacetime and that a culture of gun ownership did not arise until the mid-nineteenth century; on January 27, 2003, Judge Reinhardt deleted the citation to Bellesiles and substituted research by political scientist Earl Kruschke in its place.[2]
The Ninth Circuit refused to hear the case en banc but issued a set of dissenting opinions to the denial to take the case en banc, which included a notable opinion by Judge Alex Kozinski.[3] The U.S. Supreme Court denied review,[4] despite the decision conflicting with the holding of the Fifth Circuit in United States v. Emerson.[5]
In the
meaning that it is applicable to state governments and to the federal government.See also
- Firearm case law in the United States
References
- ^ Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002).
- ^ Silveira v. Lockyer, Petition for Writ of Certiorari (U.S. Supreme Court, July 3, 2003)
- ^ Silveira v. Lockyer, 328 F.3d 567 (9th Cir. 2003).
- ^ 124 S. Ct. 803 (2003)
- ^ United States v. Emerson, 270 F.3d 203 (5th Cir. 2001).
- ^ District of Columbia v. Heller, 554 U.S. 570 (2008).
- (2010).
- ^ "The Second Amendment, Incorporated". The American Spectator. Retrieved July 7, 2013.