9th Circuit Court rules against Second Amendment . . . again

Yesterday I wrote a piece about how Obama was taking one last shot before leaving office at voiding our Second Amendment right to keep and bear arms by submitting the UN Arms Trade Treaty to the Senate for ratification and how little Congress has done to stop his blatant assault. Today I have a story that shows how liberal judges, appointed by liberal presidents and confirmed with the help of spineless Republicans, are doing their part to see the Second Amendment destroyed.


The 9th Circuit Court of Appeals—a court so liberal that it holds the distinction of being the court with the highest rate of decision reversals by the Supreme Court—has upheld a California law requiring a 10-day waiting period for gun purchases.

Judge Mary M. Schroeder, a Jimmy Carter appointee, wrote the opinion on behalf of the 3-person panel that reversed a lower court ruling that found the waiting period to be unconstitutional.

“Because we agree with the state that the 20-day waiting period is a reasonable safety precaution for all purchasers of firearms and need not be suspended once a purchase has been approved, we reverse the district court’s judgement.”

Whether the court agrees with the “reasonableness” of the law is irrelevant, but it was the only justification Judge Schroeder could find to rule the law unconstitutional. She then went on to tell us why she thought the law was reasonable, and by doing so, she proved the stupidity of the anti-gun left.

“An individual who already owns a hunting rifle, for example, may want to purchase a larger capacity weapon that will do more damage when fired into a crowd. A 10-day cooling off period would serve to discourage such conduct…”


That’s right, America, if you’re a mass-murderer and you have to wait 10 days before buying your gun, Judge Schroeder believes you’ll change your mind because, as we all know, you may be crazy enough to commit such a crime, but you’re still sane enough to know that you shouldn’t buy your weapon illegally . . . even if you have to wait 10 days for it.

Unfortunately, such judicial insanity isn’t an isolated case, as I have written in numerous articles this year.

  • April—A Connecticut Superior Court Judge approved a lawsuit against the maker of the rifle used in the Sandy Hook Elementary shooting, despite a 2005 federal law that protects gun manufacturers from civil lawsuits. It was eventually dismissed in October, but at great expense to the defendant.
  • May—The DC Court of Appeals ruled 2-1 in favor of a Washington, DC law requiring conceal-carry applicants to provide a good reason for requesting their permit with no obligation by the government to accept their application. The two justices—Judith Rogers and Robert Wilkins—were appointed by Bill Clinton and Barack Obama respectively.
  • June—The 9th Circuit Court of Appeals issued a similar ruling regarding conceal carry permits affecting applicants in San Diego County. The California Attorney General in the case was Kamala Harris, the Democrat senator-elect who is replacing Barbara Boxer in January

A Republican-controlled Washington DC needs to seriously address the liberal threat to our Second Amendment rights, and they need to begin the long task of fixing a court system loaded with 8 years of Barack Obama appointees.

Originally posted at The Strident Conservative


Don't Feed The RINOs
David Leach is the owner of The Strident Conservative, your source for opinion that’s politically-incorrect and always “right.” His articles can also be found on RedState.com.

His daily radio commentary is nationally syndicated with Salem Radio Network and can be heard on stations across America.


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