Silveira v. Lockyer
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| Silveira v. Lockyer | |
| Court | U.S. Court of Appeals, 9th Circuit |
|---|---|
| Citation | 312 F.3d 1052 (9th Cir. 2002) |
| Date decided | December 5, 2002 |
| Overturned by | |
| District of Columbia v. Heller | |
Facts
The defendant was charged with shipping a firearm, which was against state law.
Issues
Whether the language of the Second Amendment: “… 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” protects the rights of individuals or members of the state militia to own guns
Holding
The amendment does not apply to individual rights.
Reasons
The language and the structure of the amendment strongly supports the collective rights view.
