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.
Why would Alameda Co. appeal? They won the case.