Reply #2: RE: Next up--incorporation. [View All]

[Will E Orwontee]

Maybe Silveira v Lockyer (322KB pdf)?

"Our court, like every other federal court of appeals to reach the issue except for the Fifth Circuit, has interpreted Miller as rejecting the traditional individual rights view. In Hickman v. Block, we held that “the Second Amendment guarantees a collective rather than an individual right.” 81 F.3d at 102 (citation and quotation marks omitted).10 Like the other courts, we reached our conclusion regarding the Second Amendment’s scope largely on the basis of the rather cursory discussion in Miller, and touched only briefly on the merits of the debate over the force of the amendment. See id.11

Appellants contend that we misread Miller in Hickman.12 They point out that, as we have already noted, Miller, like most other cases that address the Second Amendment, fails to provide much reasoning in support of its conclusion. We agree that our determination in Hickman that Miller endorsed the collective rights position is open to serious debate. We also agree that the entire subject of the meaning of the Second Amendment deserves more consideration than we, or the Supreme Court, have thus far been able (or willing) to give it." -- SILVEIRA V LOCKYER pgs. 18-19

And of course since Silveira, SCOTUS has given the Amendment the consideration it deserves . . .