''Silveira v. Lockyer,'' 312

F.3d The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by We ...

1052 (9th Cir. 2002), is a decision by the

United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...

ruling that the

Second Amendment to the United States Constitution The Second Amendment (Amendment II) to the United States Constitution protects the Right to keep and bear arms in the United States, right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Un ...

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 California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

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 The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...

. Judge

Stephen R. Reinhardt Stephen Roy Reinhardt (born Stephen Roy Shapiro; March 27, 1931 – March 29, 2018) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit, with chambers in Los Angeles, California. He was the last federal ...

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 did 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 In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...

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 Alex Kozinski (; born July 23, 1950) is a Romanian-American jurist and lawyer who was a judge on the United States Court of Appeals for the Ninth Circuit, U.S. Court of Appeals for the Ninth Circuit from 1985 to 2017. He was a prominent and inf ...

. The U.S. Supreme Court denied

review A review is an evaluation of a publication, product, service, or company or a critical take on current affairs in literature, politics or culture. In addition to a critical evaluation, the review's author may assign the work a content rating, ...

. The decision conflicted with the holding of the

Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a United States federal court, federal court with appellate jurisdiction over the United States district court, district courts in the following United Stat ...

in '' United States v. Emerson''. In the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

case of ''

District of Columbia v. Heller ''District of Columbia v. Heller'', 554 U.S. 570 (2008), is a landmark decision of the U.S. Supreme Court ruling that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms, unconnected with service i ...

'', 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 ''McDonald v. City of Chicago'', 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated b ...

'', in 2010, that the Second Amendment is an incorporated right, meaning that it is applicable to state governments and to the federal government.

References

{{US2ndAmendment United States Court of Appeals for the Ninth Circuit cases United States Second Amendment case law 2002 in United States case law

See also

References