Silveira v. Lockyer
Encyclopedia
Silveira v. Lockyer, 312 F.3d 1052
(9th Cir. 2002), is a decision by the United States Court of Appeals for the Ninth Circuit
holding that the Second Amendment
to the United States Constitution
does not guarantee individuals the right to bear arms. The case involved a challenge to the Constitutionality of the Roberti-Roos Assault Weapons Control Act (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.
Judge Stephen R. Reinhardt wrote the opinion of the court. The court engaged in an extensive analysis of the history of the Second Amendment and its attendant case law, and it ultimately determined 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
. The U.S. Supreme Court denied review
.
This decision disagreed with the holding of the Fifth Circuit
in United States v. Emerson
and, more recently, that of the Supreme Court of the United States
in District of Columbia v. Heller
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(9th Cir. 2002), is a decision by the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
holding that the Second Amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
does not guarantee individuals the right to bear arms. The case involved a challenge to the Constitutionality of the Roberti-Roos Assault Weapons Control Act (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.
Judge Stephen R. Reinhardt wrote the opinion of the court. The court engaged in an extensive analysis of the history of the Second Amendment and its attendant case law, and it ultimately determined 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
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
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
Alex Kozinski is Chief Judge of the United States Court of Appeals for the Ninth Circuit, an essayist, and a judicial commentator.-Biography:...
. The U.S. Supreme Court denied review
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
.
This decision disagreed with the holding of the Fifth Circuit
United States Court of Appeals for the Fifth Circuit
The United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
in United States v. Emerson
United States v. Emerson
United States v. Emerson, 270 F.3d 203 , is a decision by the United States Court of Appeals for the Fifth Circuit holding that the Second Amendment to the United States Constitution guarantees individuals the right to bear arms...
and, more recently, that of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
.