NORDYKE V KING

U.S Court of Appeals Ninth Circuit ^ | 4/20/2009 | U.S Court of Appeals Ninth Circuit

[2harddrive]

They ruled for BOTH the plaintiff and the defense? So, the 9th is still a CIRCUS Court of Appeals! LOL.

[nralife]

Very good summary! Hopefully you are right on the mark.

The “5th Circuit Court in Texas” is actually in New Orleans, I believe.

[Ken H]

My first reaction is that it has some good verbiage, but that the purported selective incorporation under due process was no more than dicta; not necessary for the decision and having no value as precedent.

I haven't read the decision, but a poster on a different thread reported:

The salient point is NOT dicta, as the final judgement paragraph states: "we conclude that the Second Amendment is indeed incorporated against the states".

[!1776!]

NOTE: The 2nd Amendment is SELF-incorporated to all government entities at every level. It is MORE ABSOLUTE than the 1st Amendment, or any of the others, because the wording forbids not only CONGRESS, but ANYONE from infringing on it. The 1st says “Congress shall make no law...”. The 2nd say “shall NOT be infringed!” Period! End of debate!

I fully agree. Unfortunately, I lack the authority to make our mutually agreed and very clear reading of the Constitution the universall recognized law of the land.

Until such time, I will continue to work to help make sure it becomes so.

[txroadkill]

Basically the court ruled that the 2nd amendment trumps any state law and the right to bare arms for all is protected by the Constitution.

[txroadkill]

Next stop the Supreme Court?

Probably not because they already ruled in the Heller case so they should refuse to hear it....although....Justice Kennedy will probably prove me wrong

[Redbob]

This is amazing, coming from the 9th Circus, but... Nordyke lost.

[txroadkill]

Proving that even the 9th Circuit can read the Constitution, even if liberals and leftists can’t.

Diarmuid F. O’Scannlain was appointed by Reagan

Arthur L. Alarcón Was Appointed by Carter

Ronald M. Gould was appointed by Clinton

Another win for the Gipper! Because you know the Reagan judge kicked the Carter judge's butt and then threatened to tell everyone what the Clinton judge did last night in his Chambers if he didn't rule in favor of the 2nd Amendment.

[dbwz]

No matter how broadly you want to interpret the 2A, you do not have an inherent right to sell firearms on county property, just like you don’t have a right to set up a hot dog stand on the White House lawn.

Exactly; this was not a case involving laws that inhibited self-defense like Heller was.

It also looks like the "collective" interpretation of the 2nd is kaput. The court basically acknowledged, in no uncertain terms, that previous opinions of theirs on the subject have been rendered junk by Heller.

[Redbob]

I see your “Repeal 16-17” and raise you a “Repeal 19!”

[Redbob]

"We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments."

THIS is the dynamite!

[Redbob]

"... you do not have an inherent right to sell firearms on county property, just like you don’t have a right to set up a hot dog stand on the White House lawn."

Unless hamburger stands were allowed, and pizza stands, and waffle stands, and taco stands... and the only type of vendor NOT allowed is your hot dog stand.
There's a legal term for this, having to do with equal treatment under the law...

[BOATTRASH1]

not a lawyer so let me ask....is it safe to assume that Holder probably doesn’t care for this decision ?? :-)

[April Lexington]

This can't be real. The 9th??? No way. This must be from The Onion.

[TeleStraightShooter]

Just Damn!

Even the the 9th CC ruled that Lockyer's SKS grab was illegal

[Mariner]

"Thanks to Nordyke, no longer can California sheriffs discriminate who they can issue CCW permits to, or not at all. Today's decision took that away from them".

I agree completely. Equal protection under the law...that was the ruling and it was forced upon every state, county and municipality in the 9th Circuit.

There is simply NO WAY a County Sheriff can withstand the scrutiny of a CIVIL RIGHT when he issues to some, but not others. I don't care what his criteria is.

I'm thinking I'll apply right here in Sacramento county...and sue when denied.

[Mariner]

"Same also with semi-automatic rifles being prohibited as not having any use for private citizens. That got blown away too".

Semi-automatics are not banned. There's a list of "Assault Weapons" that are banned.

However, it appears that if such a weapon is legal in Texas, the State of California is denying a BASIC CIVIL RIGHT to CA citizens by banning these weapons.

[ExSES]

Next stop doesn’t have to be SCOTUS. Nordyke lost his case, but incorporation was a byproduct of this case. Alameda County won, so they won’t appeal. Next we’ll have to see what transpires in the states that are not part of the 9th circuit. I expect many if not all to follow soon.

While incorporating hopeful dicta..., the case was lost. I'll await further developments!

[SoldierDad]

Perhaps the members of the 9th circuit have seen the handwriting on the wall regarding what the Obama Admin’s plans are and recognize that the “People” will need to be able to defend themselves from this tyrannical government!!!!

[Thunder90]

If the 9th Circus got this one right, the SCOTUS is sure to do so.