Wednesday, January 17, 2007

Fisher v. City of San Jose (9th Cir. - Jan. 16, 2007)

Sometimes you can't put a book down even after reading only the first page. For me, that was definitely the case with this opinion. Here's the second paragraph of Judge Berzon's opinion:

"On the afternoon of Saturday, October 23, 1999, Fisher bought two twelve-packs of beer and settled in at home for an evening of watching the World Series and cleaning rifles from his collection of approximately eighteen World War II-era firearms. Both the guns and the beer figured prominently in the ensuing events."

To paraphrase Dorothy Boyd in Jerry Maguire: You had me at "beer, baseball and guns."

Read the rest of the opinion to find out what happens. Let's just say that baseball figures less prominently in them than the other two.

P.S. - When you're surrounded by 60 cops, intoxicated, and heavily armed, the articulation of a rambling, drunken diatribe regarding your rights under the Second Amendment -- however valid -- may not be amongst the most prudent courses of action you could possibly take. Just a friendly reminder.