About: Silveira v. Lockyer

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Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), is a decision by the United States Court of Appeals for the Ninth Circuit ruling that the Second Amendment to the United States Constitution did not guarantee individuals the right to bear arms. The case involved a challenge to the constitutionality of the Roberti-Roos Assault Weapons Control Act of 1989 (AWCA), California legislation that banned the manufacture, sale, transportation, or importation of specified semi-automatic firearms. The plaintiffs alleged that various provisions of the AWCA infringed upon their individual constitutionally-guaranteed right to keep and bear arms.

Attributes	Values
rdfs:label	Silveira v. Lockyer (en)
rdfs:comment	Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), is a decision by the United States Court of Appeals for the Ninth Circuit ruling that the Second Amendment to the United States Constitution did not guarantee individuals the right to bear arms. The case involved a challenge to the constitutionality of the Roberti-Roos Assault Weapons Control Act of 1989 (AWCA), California legislation that banned the manufacture, sale, transportation, or importation of specified semi-automatic firearms. The plaintiffs alleged that various provisions of the AWCA infringed upon their individual constitutionally-guaranteed right to keep and bear arms. (en)
foaf:depiction
dcterms:subject	United States Second Amendment case law United States Court of Appeals for the Ninth Circuit cases 2002 in United States case law
Wikipage page ID	1778165 (xsd:integer)
Wikipage revision ID	1057694933 (xsd:integer)
Link from a Wikipage to another Wikipage	California Roberti-Roos Assault Weapons Control Act of 1989 En banc Right to keep and bear arms United States Court of Appeals for the Fifth Circuit United States Court of Appeals for the Ninth Circuit United States v. Emerson Incorporation of the Bill of Rights Frank J. Magill United States Second Amendment case law Stephen Reinhardt United States Court of Appeals for the Ninth Circuit cases Alex Kozinski 2002 in United States case law Supreme Court of the United States District of Columbia v. Heller Raymond C. Fisher Certiorari Second Amendment to the United States Constitution Semi-automatic firearm Firearm case law in the United States McDonald v. Chicago Stephen R. Reinhardt F.3d
Link from a Wikipage to an external page	https://www.law.cornell.edu/supct/html/07-290.ZS.html https://law.justia.com/cases/federal/appellate-courts/F3/312/1052/608831/ https://law.justia.com/cases/federal/appellate-courts/F3/328/567/500155/
sameAs	Silveira v. Lockyer Silveira v. Lockyer Silveira v. Lockyer
Subsequent	0001-01-27 (xsd:gMonthDay) 25920.0 (second)
dbp:wikiPageUsesTemplate	dbt:Infobox_COA_case dbt:Reflist dbt:US2ndAmendment
thumbnail	wiki-commons:Special:FilePath/Seal_of_the_United_States_Courts,_Ninth_Judicial_Circuit.svg?width=300
JoinMajority	Fisher (en)
LawsApplied	Second Amendment to the United States Constitution
ArgueDate	0001-02-15 (xsd:gMonthDay)
ArgueYear	2002 (xsd:integer)
citations	25920.0 (second)
court	United States Court of Appeals for the Ninth Circuit
CourtSeal	Seal of the United States Courts, Ninth Judicial Circuit.svg (en)
DecideDate	0001-12-05 (xsd:gMonthDay)
DecideYear	2002 (xsd:integer)
judges	Frank J. Magill Stephen Reinhardt Raymond C. Fisher
Litigants	Silveira v. Lockyer (en)
majority	Reinhardt (en)
has abstract	Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), is a decision by the United States Court of Appeals for the Ninth Circuit ruling that the Second Amendment to the United States Constitution did not guarantee individuals the right to bear arms. The case involved a challenge to the constitutionality of the Roberti-Roos Assault Weapons Control Act of 1989 (AWCA), California legislation that banned the manufacture, sale, transportation, or importation of specified semi-automatic firearms. The plaintiffs alleged that various provisions of the AWCA infringed upon their individual constitutionally-guaranteed right to keep and bear arms. Judge Stephen R. Reinhardt wrote the opinion of the three-member panel. The court engaged in an extensive analysis of the history of the Second Amendment and its attendant case law. The court concluded that the Second Amendment did 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. The decision conflicted with the holding of the Fifth Circuit in United States v. Emerson. In the U.S. Supreme Court case of District of Columbia v. Heller, the opinion in Silveira v. Lockyer was overruled. The Supreme Court held in Heller that the right to keep and bear arms is a right of individuals. The Supreme Court also later held in McDonald v. Chicago, in 2010, that the Second Amendment is an incorporated right, meaning that it is applicable to state governments and to the federal government. (en)
Concurrence	Magill (en)
Overruled	District of Columbia v. Heller, 554 US 570 (en)
prov:wasDerivedFrom	wikipedia-en:Silveira_v._Lockyer?oldid=1057694933&ns=0
page length (characters) of wiki page	4498 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Silveira_v._Lockyer
is Link from a Wikipage to another Wikipage of	Bill Lockyer United States v. Emerson Statutory interpretation Frank J. Magill Stephen Reinhardt District of Columbia v. Heller Second Amendment to the United States Constitution Lockyer Silveira vs. Lockyer
is Wikipage redirect of	Silveira vs. Lockyer
is Wikipage disambiguates of	Lockyer
is foaf:primaryTopic of	wikipedia-en:Silveira_v._Lockyer

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