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. Todays 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 NRAs legal team has resulted in todays historic decision.
-NRA-
Established in 1871, the National Rifle Association is Americas 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.
Does it strike of a promotion via government to, in the end, place the 2nd amendment in a state of irrelevancy to you?
IIRC, you told me about the one year free trial NRA membership on another thread, and you also said that life membership was going for the half price of $500.00. It looks like I found the one year free trial NRA membership in comment# 1. Do you know where you can find the life deal for half price? Others might want to get that deal.
I don't know that one. Please, decode?
The 9th???
...gasp..
It was breaking news yesterday.
Ninth Circuit Rules 2nd Amendment Incorporated to States
IMHO, you missed some pings. I guess it pays to be redundant.
Hanging my head...been absent for several days....
So what good is the ruling if they went against their own ruling to spike gun shows?
In Before the Ping....
The 9th incorporated the 2A against the states, and then pointed out that this squarely overturned Hickman which was a decision that said individuals did not have standing to challenge Kali's may-issue concealed weapons law.
So, in short order we can expect to see a case challenging may-issue. And, since the challenge will be against the backdrop of an individual-rights 2A, there will be heightened scrutiny of whether its preserves everyone's rights.
Shall-issue may come to Kali in my lifetime.
Encouraging. We could use some good news today.
Not so fast my friend! That’s well and good for the left coast, us right coasters aren’t in a heap of good “standing” yet.
Lest we not forget that Chicago has a pending 14th + 2nd A case as well.
Though, Chicago’s not the most pressing incorporation case, the NY nunchaku case is ( http://www.nunchakulaw.com/). Earlier this year the Second Circuit ruled that the 2A is NOT incorporated, the Supreme Court filing deadline for appeal was promptly extended by Ginsburg to allow both sides to research Nordyke and argue appropriately. Nordyke found it to be incorporated, Maloney did not, so I expect the SC to take Maloney and see where it goes. If the SCOTUS grants Cert they would hear it sometime between Oct-May and issue a ruling by June 2010.
Maloney’s facts are simple: Does the 2A apply to the states, and are nunchaku protected arms?
An area I’d be interested in Nordyke appealing would be the distinction in Heller about allowing the barring of arms in “sensitive places such as schools and government buildings” while Nordyke says the fairgrounds are sensitive enough to allow the banning of arms just because the County says they’ve had shooting problems before.
Try this link; it should take you directly to the multi-year options:
https://membership.nrahq.org/forms/signup.asp?CampaignID=NRABonus
"To summarize: the Ordinance does not meaningfully impede the ability of individuals to defend themselves in their homes with usable firearms, the core of the right as Heller analyzed it."
Not good.
The NRA is way too happy in the ankle grab position for my liking.
I have read this several times and it is a conundrum.
I see the Court has affirmed gun ownership as an individual right while it has confirmed that it is a collective right and limited the scope of the individual right.
That is why I wanted some independent confirmation — this just doesn’t make sense.
Or, as George Carlin said, “The sun shines even on a dogs’ a$$ once in awhile.”
The smog must be lifting over the 9th Circus...They have seen the light! God bless America! May the Second Amendment Shine on Forever! The Right of the People...
Since the Second Amendment doesn’t begin “Congress shall make no law...” and because it refers to gun-toting as a “right of the People...” I would think it’s obvious that it’s a right retained by the people, which the States may not infringe any more than the federal government.
As much as I would prefer that the case was over a good old S&W rather than a nunchaku, we have to take what we can get.
I am actually very hopeful that the SC will take on the incorporation issue and apply it. They certainly hinted this way in Heller.
In some ways the nunchaku might allow them make the point that the 2A applies to weapons other than firearms, thereby incorporating future weapons development. If someone develops a weapon that spits out death-dealing plasma balls, I want one.
Neat, eh?
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