The Madison Society Foundation

In a secret vote reminiscent of Nazi Germany the twenty-six judges of the 9th Circuit Court of Appeals voted in the majority to deny the plaintiffs; Nordyke’s, Virgil McVicker for the Madison Society, and all appellants their en banc petition for rehearing. This vote effectively criminalizes any and all possession of firearms on Alameda County property. We believe this is another nail in the coffin of the United States Constitutions Second Amendment that provides for the right of citizens to “keep and bear” firearms. The Madison Society Board of Directors and its members unanimously support our continued fight to preserve individual liberties. We will file a petition for certiorari with the United States Supreme Court before July 5th that is the mandatory cutoff date. The public notice filed by the 9th Circuit April 5, 2004 determines this date.

One need not be discouraged by this setback. A number of judges filed dissenting opinions that support and encourage our cause. We have taken the liberty to quote some of their comments, which are part of the public record. Judge Kleinfeld writes, “Our court has erased 10% of the Bill of Rights for 20% of the American people. No liberties are safe if courts can so easily erase them, and no lover of liberty can be confident that an important right will never become so disfavored in popular or elite opinions as to be vulnerable to being discarded like the Second Amendment.” Further he goes on to say, “Some people think that the Second Amendment is an outdated relic of an earlier time. Doubtless some also think that constitutional protections of other rights are outdated relics of earlier times. We The People own those rights regardless, unless and until We The People repeal them.” Finely Judge Kleinfeld summing up his opinion of the court says, “The Second Amendment provides a good test of whether their allegiance is really to the Constitution of the United States, or only to their preferences in public policies and audiences. The Constitution is law, not vague aspirations, and we are obligated to protect, defend, and apply it.”

View the Whole Ninth Circuit Report, Here.

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