Ninth Circuit· 12/5/2002

Silveira v. Lockyer

Citations

312 F.3d 1052
2002 WL 31720641

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that there is no “legitimate state interest” in permitting retired police officers — and apparently anyone — to “possess and use” “military-style weapons” “for their personal pleasure”
finding minimal the plaintiffs’ interests in maintaining confidential 10 the fact of their assault weapon ownership
explaining “[s]tatutes infringing on 26 fundamental rights are subject to the same searching review,” i.e., strict scrutiny, as “[s]tatutes 27 that treat individuals differently based on race, alienage, or national origin”
“We consider it highly significant, however, that the second clause does not purport to protect the right to ‘possess’ or ‘own’, but rather to ‘keep and bear’ arms.”
“in order for a state action to trigger equal protection review at all, that action must treat similarly situated persons disparately” (emphasis added)
“[F]or a state action to trigger equal, protection review at.all, that action must treat similarly situated persons disparately.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fisher, Magill, Reinhardt

Read full opinion on CourtListener

Cited by

50 cases in this archive cite this case; the 20 most cited are listed.

Cites

57 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Silveira v. Lockyer

5 other CourtListener records share this case name.

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