Did Nordyke v. King make Second Amendment claims? I thought that I read that it was a First Amendment claim that assembling at a gun show was a form of political or cultural expression. Maybe I have it mixed up with some other case.
The Second Amendment claim was not part of the case until a District Court judge brought it up on his own, at which point Don Kilmer added it to the claim and has argued it all the way up.
The Ninth Circuit's ruling, on page five:
Nordyke also makes a Second Amendment challenge to the Ordinance. Pending the certification of Nordyke’s preemption claim to the California Supreme Court, there were several judicial developments relating to the Second Amendment. As a result, Nordyke filed a motion for supplemental briefing with this court which we granted. Because of our sister circuit’s holding in United States v. Emerson, 270 F.3d 203 (5th Cir. 2001), and the change in the United States government’s position on the scope of the Second Amendment,1 Nordyke now urges on appeal that the Ordinance unduly infringes the right of individuals under the Second Amendment to possess privately and to bear their own firearms.
And the Ninth Circuit carried on for a dozen pages starting in Part III about the meaning of the Second Amendment and came to the opposite conclusion of the Fifth Circuit in Emerson, ignoring the meticulous scholarship there and falling back on their Hickman v. Block decision.