Ninth Circuit Court Extends Second Amendment Rights

National Review ^ | April 20, 2009 | Mark Hemingway

[Plainsman]

Believe it or not, the Ninth Circuit Court ruled today that the second amendment restricts the right powers of state and local governments to interfere with the individual right to gun ownership. The decison even observes that the right to bear arms is “deeply rooted in this Nation’s history and tradition.” Notes Cato Institute's Ilya Shapiro, "I rarely get a chance to say this, but the Ninth Circuit gets it exactly right."

On a related matter, I just got around to Brian Doherty's Gun Control on Trial: Inside the Supreme Court Battle Over the Second Amendment. It's a terrific accounting of the Heller case, and definitely worth reading if you're even remotely interested in gun rights.

[Plainsman]

The links in the original article, as well as the text of the decision itself, are well worth reading, if not savoring.

[NonValueAdded]

Well, they didn't extend the Second Amendment, they simply reconciled their past bad decisions with Heller and finally recognized the Second Amendment. And that is a good thing, I must admit. But note well that the underlying issue in the case, whether the County could write a weapons ban such that gun shows could no longer take place on the fairgrounds, was upheld. The 9th Circus still has a looooooooooooooong way to go.

[VA_Gentleman]

As looney as the 9th Circus court is, gun rights is one thing they tend to get right from what I’ve seen.

[CPT Clay]

Good thing I’m sitting down!

[gieriscm]

Note that this was a victory for gun owners and a loss for the Nordykes. Yes, the Second Amendment is now incorporated in the Ninth Circuit, and there is nothing that the anti's can do about it since Alameda County won the appeal, and the Nordykes lost. Remember, this case came about because the County prevented the Nordykes from holding a gun show at the fairgrounds, and the County won on that point.

It will be interesting to see if the Nordykes decide to appeal or not.

[BBell]