·11250 Waples Mill Road · Fairfax, Virginia 22030 ·800-392-8683
Posted on 04/21/2009 2:09:32 PM PDT by neverdem
Fairfax, Va. – Today, the U.S. Court of Appeals for the Ninth Circuit marked a milestone in Second Amendment history by ruling that the Second Amendment limits state and local government infringements on our right to keep and bear arms through the due process clause of the Fourteenth Amendment to the U.S. Constitution. NRA has been involved in, and supportive of, this case for the past ten years and has filed several amicus briefs in the case.
“The historic Heller decision was a major victory for law-abiding gun owners and recognized that the federal government could not infringe on our right to keep and bear arms,” said Chris W. Cox, NRA chief lobbyist. “Today’s decision, which applies to the states in the Ninth Circuit, ensures that the fundamental freedoms affirmed in Heller are not just limited to the residents of Washington, D.C.”
In 1999, the Alameda County Board of Supervisors passed an ordinance that made it a misdemeanor to possess a firearm on county property, effectively banning gun shows. This ordinance affected a local business, owned by Russell and Sallie Nordyke, which promotes gun shows throughout California. In an attempt to continue holding their gun shows on the Alameda county fairgrounds property, the Nordykes filed suit to strike down the ordinance.
The U.S. Court of Appeals upheld the ordinance banning guns on county property, but found, consistent with the views of most Second Amendment scholars, that the Second Amendment protects the right to keep and bear arms for all law-abiding Americans. NRA is also pursuing litigation on that issue in Chicago and Oak Park, Illinois. That case is currently pending before the U.S. Court of Appeals for the Seventh Circuit.
“The NRA shares the Nordykes' disappointment with the ruling on the county ordinance, as gun shows should not be discriminated against by local government entities. The incorporation portion of the decision, however, is a major step forward in enshrining our Second Amendment freedoms,” said Cox.
“This decision brings us closer to seeing Heller applied throughout the land,” concluded Cox. “After nearly 10 years of litigation, the hard work of the Nordykes, their attorneys, Donald Kilmer and Don Kates, and NRA’s legal team has resulted in today’s historic decision.”
-NRA-
Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.
IIRC, snowislander told me about this on another thread.
The 9th upholds individual rights?
NO
FREAKING
WAY
Someone re-read this and confirm my interpretation!
Hey Cali, please fast track the appeal to SCOTUS please! While the court is still the same makeup as Heller, I’ll take another 5-4 thank you.
Today, the U.S. Court of Appeals for the Ninth Circuit marked a milestone in Second Amendment history by ruling that the Second Amendment limits state and local government infringements on our right to keep and bear arms through the due process clause of the Fourteenth Amendment to the U.S. Constitution.
From the 9th Circus Circuit Court?
Knock me over with a feather.....
Are we talking about the same 9th Circuit Court that ruled parental rights stop at the school house door?
They said it applies to the states - but I thought the only thing with rights were individuals?
Should this be in breaking news?
Still, it was liberal courts who “incorporated” various provisions of the Bill of Rights to the states.
Who knows what this court may be up to?
(Start Monty Python Theme)
9th Circus upheld 2nd Amendment??????
OK ..where are they.. somewhere around, we should see either ALAN FUNT or ROD SERLING....We’re either on CANDID CAMERA, or we just entered “the TWILIGHT ZONE.”
it was out last night...
It means that states’ POWERS cannot be used to infringe on individuals’ RIGHTS.
“From the 9th Circuit Court?”
Well, even a blind hog finds an acorn now and then.
Oh no - Texas v White confirms the 9th and 10th Amendments (and that 1800’s dustup) — the States have rights, both implicit and explicit.
**Should this be in breaking news?**
Yes, because we don’t have a category for ... “Holy ****, you SURE could have SUPRISED ME!!!”
bump
Well I can put it on the banglist keyword.
i absolutely HATE the incorporation doctrine and the wreckage it has left behind, but I suppose if liberals are going to hang their hats on it for every cause, we need to as well.
While in MOST cases it would be QUITE funny... We don’t need enemies of those who are emotionally a little more ... SENSITIVE!
How else would they do it. The Bill of Rights were originally meant to restrict only Federal power ... it was the 14th Amendment that allegedly allowed the Bill of Rights to restrict the states as well.
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