Over several vigorous dissents, the federal appeals court in San Francisco on Tuesday reaffirmed its ruling that there is no constitutional right for individuals to keep and bear arms, setting the stage for possible review by the U.S. Supreme Court.
The U.S. 9th Circuit Court of Appeals denied a request for a rehearing of last December's decision upholding California's Assault Weapons Control Act.
That decision, declaring that the 2nd Amendment protects only the right of states to organize and maintain militias, is directly at odds with the Bush administration and a ruling by the U.S. 5th Circuit Court of Appeals in New Orleans.
It takes a majority vote of the 9th Circuit's 25 judges to grant a rehearing. The court never makes public its vote, but six judges issued dissents.
The dissenters accused the original three-judge majority of ignoring history and of rendering a stingy interpretation of the 2nd Amendment, which states, "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.''
"It is wrong to use some constitutional provisions as springboards for major social change, while treating others like senile relatives to be cooped up in a nursing home until they quit annoying us,'' Judge Alex Kozinski wrote in dissent. "The majority falls prey to the delusion -- popular in some circles -- that ordinary people are too careless and stupid to own guns, and we would be far better off leaving all weapons in the hands of professionals on the government payroll.
"But the simple truth -- born of experience -- is that tyranny thrives best where government need not fear the wrath of an armed people," Kozinski wrote.
Kozinski and three other dissenters -- Andrew Kleinfeld, Diarmuid O'Scannlain and T.G. Nelson -- were appointed by Republican presidents. They were joined by Ronald Gould, an appointee of President Clinton, and Harry Pregerson, an appointee of Jimmy Carter and one of the court's most liberal jurists.
"I agree with the panel's decision to uphold California's Assault Weapons Control Act,'' Pregerson said, referring to the 1999 law that prohibits the manufacture, sale or importation of weapons including grenade launchers, semiautomatic pistols with a capacity of 10 or more rounds, semiautomatic rifles that use detachable magazines and guns with barrels that can be fitted with silencers.
