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Silveira v. Lockyer

Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002),[1] is a decision by the United States Court of Appeals for the Ninth Circuit ruling that the Second Amendment to the United States Constitution did not guarantee individuals the right to bear arms. The case involved a challenge to the constitutionality of the Roberti-Roos Assault Weapons Control Act of 1989 (AWCA). California legislation banned the manufacture, sale, transportation, or importation of specified semi-automatic firearms. The plaintiffs alleged that various provisions of the AWCA infringed upon their constitutionally guaranteed right to keep and bear arms as individuals.

Silveira v. Lockyer
Seal of the United States Court of Appeals for the Ninth Circuit.svg
Court United States Court of Appeals for the Ninth Circuit
Argued February 15, 2002
Decided December 5, 2002
Citation(s) 312 F.3d 1052 (9th Cir. 2002)
Case history
Subsequent action(s) Amended January 27, 2003
Rehearing en banc denied, 328 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)

Judge Stephen R. Reinhardt wrote the opinion of the three-member panel. The court engaged in an extensive analysis of the history of the Second Amendment and its attendant case law. The court concluded that the Second Amendment does not guarantee individuals the right to keep and bear arms. Instead, the court concluded that the Second Amendment provides "collective" rights, which is limited to the arming of state militia. 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.[2] The U.S. Supreme Court denied review.[3]

This decision conflicted with the holding of the Fifth Circuit in United States v. Emerson.[4]

In the U.S. Supreme Court case of District of Columbia v. Heller,[5] the opinion in Silveira v. Lockyer was overruled. The Supreme Court held in Heller that the right to keep and bear arms is a right of individuals. The Supreme Court also later held in McDonald v. Chicago,[6] in 2010, that the Second Amendment is an incorporated right,[7] meaning that it is applicable to state governments as well as the Federal government.

See alsoEdit

ReferencesEdit

  1. ^ Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002).
  2. ^ Silveira v. Lockyer, 328 F.3d 567 (9th Cir. 2003).
  3. ^ 124 S. Ct. 803 (2003)
  4. ^ United States v. Emerson, 270 F.3d 203 (5th Cir. 2001).
  5. ^ District of Columbia v. Heller, 554 U.S. 570 (2008).
  6. ^ McDonald v. Chicago, 561 U.S. 742 (2010).
  7. ^ "The Second Amendment, Incorporated". The American Spectator. Retrieved 7 July 2013.