Crossposted from the Internet Firearms & Politics Mailing List
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9th Circuit Court Trashes 2d Amendment
        In a decision that annihilates the 2d Amendment, the federal
9th Circuit Court of Appeals has ruled in _Hickman v. Block_ that a
"plain reading" of the Second Amendment reveals that the true intent of
the Amendment was only to protect a right of the states to maintain
militias and not to protect an individual right.  The Lawyers' Second
Amendment Society (LSAS) views the decision as a very bad and very
significant one that needs to be appealed, and is now attempting to
raise the $50,000 needed to appeal the case to the Supreme Court.
In the meantime, it is attempting to get a rehearing en banc, by
the full 9th Circuit Court to review the opinion that was issued by
a 3 judge panel.
        LSAS noted that the opinion was fraught with factual errors
that reveal the poor scholarship of the judges who wrote it.  For
example, LSAS pointed out footnote 10 of the opinion, where the court
stated "the Second Amendment is not incorporated into the Bill of
Rights." !!!  (The first 10 amendments *ARE* the Bill of Rights).
Furthermore, in its discussion of the _US v. Miller_ case, LSAS noted
that "the Court in Hickman did not carefully read _Miller_ because it
erroneously stated Miller had been convicted at trial, rather than
acquitted, and that Miller, rather than the U.S., was the appellant."
        LSAS feels the time is ripe for a Second Amendment case to be
brought before the Supreme Court, which has been dodging the issue for
many years. It feels that Hickman is the case.  In it's latest
newsletter, LSAS argued:
     We actually have little to lose by appealing.  As it is, Congress,
the courts, and most legislatures are already proceeding on the
assumption that the Second Amendment protects only a "state's right."
This is why we have some 20,000 gun control laws nationwide, including
the Brady law and the "assault weapon" ban.  If we lose, then we are
merely back where we started; namely, in the political arena where such
national groups as the NRA have proven so effective. . . .
        On the other hand, if we win the benefits are myriad.  In a
nutshell, a win would cut off gun control at the knees. . . .
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The LSAS is soliciting donations for this effort of $5.00 per person.
Send checks payable to "The LSAS Trust Fund" to 18034 Ventura Blvd.,
#329, Encino, CA  91316.
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LSAS email alerts can be obtained by writing LSAS3@aol.com.
Peaceable Texans for Firearm Rights
1300 Guadalupe, Ste. 202, Austin, TX  78701  512-476-2299, fax 476-4974
http://www.io.com/~velte/pt.htm
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I'm not sure I agree with their idea that NOW is the time to take Second
Ammendment case to the Supreme Court.  If we can dump Clinton this fall,
we should be able to replace a couple of more liberal Supreme Court
judges over the next four years with ones more likely to render a proper
decision.
If we go there now and LOSE, future Supreme Courts will probably be
reluctant to reverse such a decision.
Patience, people, patience.
Regards
John
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