Thoughts?
very promising
This from the 9th. Circuit.
Will wonders ever cease?!!!
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.
I will just be d@mned!
Perhaps even the libtards are getting a little leery of King Zero?
This came out of the 9th? Is there a catch?
This ruling from the 9th Circuit Court establishes for the first time incorporation for the 2nd Amendment under a higher level of scrutiny honored by the 14th Amendment. That's big news.
It also destroys the arguments being made against Incorporation by the opposition in the Chicago Gun Ban case.
Most importantly, by affirming the lower court's decision against the Nordykes in favor of Alameda County, the option to press the issue to the highest court rests with the Nordykes. Why should they? The ruling laid out that it wasn't the gun show that was prohibited, just the danger of carrying of arms on public property in the 'sensitive area' was considered. The Nordykes ought to be able to meet the county's concern reasonably by establishing safety considerations regarding the guns being sold on-site at public places in Alameda County, or simply by moving their gun show to private property.
Just like the Heller case, the Nordyke case was another suit where the anti-gunners risked everything (even when many of their kind told them not to take this chance) and lost everything even after 'winning' the initial round. Hoisted by their own petard. If you think Washington DC would do it differently than they did had they known the outcome, well, then that goes double for Alameda County.
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. Same also with semi-automatic rifles being prohibited as not having any use for private citizens. That got blown away too.
To a Californian gun owner, this means a huge amount. For those of us who live in freer states under the 9th Circuit Court, it means slightly less since we don't really have maniac gun grabbing politicians like they do. At least I don't think it does, but I'd be interested to see if 'Stewart vs. US' is revisited. In any case, if you live in the 9th Circuit Court of Appeals, you're presently a little freer than the rest of the nation. I hope that the 5th Circuit Court in Texas shortly follows suit, because I believe that they're itching to do so.
The Nordyke case won't overturn many onerous gun laws immediately, but you can at least consider both Nordyke and Heller to be 100 yard touchdowns after the anti-gunners ball was picked off in an interception.
I am very nervous about another 2nd amendment case in the courts right now.
Interesting, but laborious read...
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!
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
This is amazing, coming from the 9th Circus, but... Nordyke lost.
THIS is the dynamite!
If the 9th Circus got this one right, the SCOTUS is sure to do so.
Great ruling on incorporation. However, serious flaws in the application: nothing in the 2nd Amendment’s language or history limits the right to only home defense. That’s absurd on its face. How is a militia supposed to function without being able to carry their arms outside the home with them? Was the first revolution fought only inside peoples homes? No.
Also, as an identified fundamental right the government’s burden was supposed to be strict scrutiny. Very few, if any, gun laws will survive such a properly-applied judicial test. The county law at issue could not survive a proper Strict Scrutiny application of this fundamental right.
DON KILMER!!! YOU ROCK!!!
This is a watershed decision. The Nordyke v. King case has been wending its way through the courts for almost a decade. It was originally entered as a First Amendment case as to commercial free speech, and the defense (the County of Alameda) opened the door themselves for the Second Amendment.
It was denied cert by the US Supreme Court a few years back, and remanded to the California district court for trial, but this appeal, in the wake of the Heller decision, has put California in the enviable position of being one of the first states in the nation that will be able to roll back wide swaths of anti-gun laws by virtue of incorporation.
And coming out of the Ninth Circuit, one of the most leftist circuits in the nation, attorney Don Kilmer’s arguments must have been even more compelling than usual. He got a good draw on the three-judge panel.
What happens next is that Alameda appeals this to the full panel of the Ninth Circuit, and hopefully loses or is denied. Then, undoubtedly, they will appeal to the US Supreme Court.
If they’re granted Supreme Court cert, there’s a couple of good outcomes possible - they are denied, and the Ninth Circuit’s incorporation stands as the law of the land in California and lays the groundwork for rollback of abusive gun laws throughout the state and the rest of the Ninth Circuit, or they are granted, and we have a shot at winning incorporation at a national level, and the groundwork for rolling back rafts of unconstitutional abusive gun laws across the nation.
What a distinction for California, of all places! I’m proud to count Don Kilmer as an old friend.
I cannot believe the 9th Circuit actually incorporated the 2nd Amendment. I hope SCOTUS actually upholds that aspect of this decision!