Quote:
Originally Posted by Willravel
While it kinda falls in line with the original intent of the Second Amendment, doesn't it strike you as bad idea to essentially legalize armed insurrection based simply on the whim of the individual (or am I reading this wrong)?
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I'm guessing you're reading it wrong, though some of the judges on this circuit bench (and the 5th) have accepted and acknowledged that the 2nd Amendment is necessary so that the people maintain soveriegnty over the government, their explanation of it in this decision is just dicta.
What this decision does is force 9th circuit states in line with Heller at a minimum. This will probably invalidate Californias 'approved' handgun list and might also invalidate the roberti-roos act eventually, or at least part of it. Future USSC decisions on the 2nd will also be forced upon the states in the 9th. This will also mean that hawaii MUST allow citizens to have handguns in the home for personal protection, something that they were barely allowed before.