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Silveira v. Lockyer

United States Court of Appeals for the Ninth Circuit

328 F.3d 567 (2003)

Facts

California enacted extensive restrictions on the possession, use, and transfer of semiautomatic weapons. Various California residents (plaintiffs) challenged the law on constitutional grounds in federal district court. The court dismissed all claims, ruling that the Second Amendment to the United States Constitution did not protect an individual right to bear arms. A panel of the United States Court of Appeals for the Ninth Circuit affirmed. The appellate court also denied a petition for rehearing en banc. However, Justice Kozinski dissented from the denial of the petition.

Rule of Law

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Issue

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Holding and Reasoning

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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Dissent (Kozinski, J.)

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