Silveira v. Lockyer
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Silveira v. Lockyer, 312 F.3d 1052 (9th Cir. 2002), cert. denied, 124 S. Ct. 803 (2003), is a 2002 decision of the Ninth Circuit Court of Appeals holding that the Second Amendment to the United States Constitution does not guarantee individuals the right to bear arms. The case involved a challenge to the Constitutionality of the Roberti-Roos Assault Weapons Control Act (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 impinged upon their Constitutionally-guaranteed right to keep and bear arms as individuals.
Judge Stephen R. Reinhardt wrote the opinion of the Court. The Court engaged in an extensive analysis of the history of the Second Amendment and its attendant caselaw, and it ultimately determined that the Second Amendment does not guarantee individuals the right to keep and bear arms. This decision contradicted the holding of the Fifth Circuit Court of Appeals in the United States v. Emerson case, and the conflict has yet to be addressed by the United States Supreme Court.
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