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Silveira v. Lockyer

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Silveira Second Amendment Case Needs Immediate Financial Support, and Here's Why

October 1, 2003

NEW: Detailed Accounting of Fundraising — The latest development in the Silveira v. Lockyer Second Amendment lawsuit will require additional legal work, and that will cost money we do not have. The announcement of whether or not the Justices will hear the case has also likely been put off until, at the earliest, the first week of November. And much work must still be done between now and then.

Because the Supreme Court has ordered the State of California to file a Brief in Opposition — California has to respond — Silveira attorneys will have the opportunity to file a Reply Brief answering them, and then get the last word. The Reply is governed by Supreme Court Rule 15. It must be printed and filed ASAP after October 22.

Silveira's legal allies in D.C. can get a photocopy of the Opposition from the Court immediately after it is filed on or before Oct. 22. The Justices always read the reply, and they frown upon failure to answer a Brief in Opposition — so we need to respond to whatever California's anti-Bill-of-Rights politicians put forth. The Rule allows 10 pages of argument and requires the same printing as with the petition for certiorari. So along with the money needed to pay to have this work done, we'll need some money for printing, too. Please understand this:

“The fundraising by is essential to Silveira v. Lockyer and has my backing 100%.” — Gary Gorski, Attorney for Plaintiffs, Silveira v. Lockyer

This Case Will Very Likely Be Heard by the Supreme Court

The book DECIDING to DECIDE - Agenda Setting in the United States Supreme Court, by H.W. Perry (Harvard University Press) is a detailed study of the factors affecting whether or not certiorari is granted. We have almost every factor pointing to "certworthiness" on our side:

1) Six (6) amici (amicus brief filers).
had zero amicus briefs filed. Bean had zero until after cert was granted — and only had two from our side even then. (The pro-RKBA briefs in Bean were filed more than two months after anti-gunners had already filed an amicus brief.)

2) A clean conflict of circuits (5th & 9th).

3) A bad Circuit Court judge's ruling being challenged (Reinhardt).

4) A Court they watch and correct - the Ninth Circuit.

5) Six dissents in our favor for a hearing (split in the 9th Circuit).

6) A very important bunch of issues that need to be heard by the Supreme Court.

7) Dissents by prestigious judges.
Kozinski, Pregerson, Gould, and Kleinfeld — most are from Harvard and well known to the other Justices.

You can see why we are so optimistic that the Supreme Court will be hearing Silveira v. Lockyer — a true Second Amendment case (see certiorari petition).

As to the requirement of a Brief in Opposition, Perry suggests that 

"If at the original conference there are only one or two votes to grant, there is probably no reason to call for a response. However, if any Justice calls for a response, or asks that a case be relisted, it is done automatically...." 

Any Justice calling for a Response after a defendant has waived the right to respond is a good sign toward cert being granted. Our legal team estimates that we already have the votes to get the case heard — only four Justices' votes are required — and the Court wants a Brief from the State to make sure they are not missing anything.

The Silveira legal team is working on a Supplemental Appendix on disk of about 800 pages of supporting material that is available with a click. This will be provided to the Justices shortly after certiorari is granted — to make their lives easier as they study this important matter before them.

The Silveira legal team is working on the Plaintiffs' brief to be filed after cert is granted. Waiting around to find out "if" they will hear it is improper strategy and would be foolish. The work is being done. Will you please help us make sure it's done well, right and on time?  Do so here:  Give online  |  Give by mail

Additional Work Vital to the Case and to the Second Amendment's Defense

The following articles are either completed or substantially completed. Each was written by Roy Lucas as an independent researcher whose brilliant work we funded before his untimely death in November of 2003 -- work that will be applied to the Silveira Second Amendment battle, or the next one if Silveira's cert petition is somehow denied:

Miller Revisited, submitted to about 20 Law Review Journals

The Forgotten Justice McReynolds, submitted to about 20 Law Review Journals. (McReynolds wrote the Miller opinion. It's time thoroughly to review who he was, what he stood for and what he did throughout his career. This article is going to help get a thorough, sound review of the oft-misinterpreted Miller case.)

From Patsone & Miller to Silveira v. Lockyer, published by December in a southern California accredited law school journal.

The 14th Amendment and the Right to Arms, submitted to about 20 Law Review Journals — two of the most prestigious LRJ's in America are showing interest in publishing it.

Presser Revisited is getting close to being complete and will be submitted to numerous Law Review Journals. A new, insightful look at Presser and its foundational premises is long overdue.

Postal Pistols, argues that the 1927 law banning the use of the U.S. postal system to mail handguns is unConstitutional. This one's still a work in progress and will explore more virgin territory ripe for RKBA analysis.

These articles alone are so valuable to liberty. You can believe that — and you will when you read them. More importantly, the Justices will be impressed by them — because they are being written by a legal genius. The only reason those already completed aren't yet published on this site right now is that we want to be able to cite them in law review journals rather than "on a gun rights website". It's a matter of being taken seriously and having the greatest impact. So please be patient, have some faith and support this vital effort; these masterpieces are going to open eyes to new and different ways of viewing our most basic rights and the pressures coming together to force a true ruling on the nature, purpose and intent of the Second Amendment.

NOTE: We have released one of the many articles funded by the many trusting backers of the Silveira lawsuit. If you fancy your collection of RKBA books, your collection is incomplete until you review the evidence Miller's attorney could have filed with the Supreme Court in 1939 had he been inclined to do so. Click here to get info on how to get a signed copy.

Help Us Win a Definitive Second Amendment Ruling!

Will you please help us make sure all of this work is done well, right and in time to be applied in a looming Supreme Court decision on the Second Amendment? You do want us to WIN this case, right? If not for yourself, then for the love of young people who comprise the next and future generations, please help us help make this case the success it can be:

Give online:

Give by mail:

NEW: Detailed Accounting of Fundraising

For more information on the case, its development, its success thus far, and details on what your financial support will help fund, go here:

Or use the menu in the upper left side of this page to navigate the Silveira v. Lockyer files.


Arms are the only true badges of liberty. The possession of arms is the distinction of a free man from a slave. — Andrew Fletcher 1698

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