Nordyke v King 9th Circuit Court of Appeals ruling.
Posted: Thu Apr 23, 2009 4:11 pm(CALGUNS.NET) (The Calguns Foundation) - CA. 04-20-2009.
"Today the 9th Circuit Court of Appeals ruled on the landmark Nordyke v King case. This case forces the federal Heller decision to apply to the states.
From Nordyke v King:
"We therefore conclude that the right to keep and bear arms is ‘deeply rooted in this Nation’s history and tradition.’ ... We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments. "
While we have won the greater 2nd amendment victory, our friends the Nordykes have still lost their ability to conduct a gun show in Alameda County under some technicalities of procedural law.
While the Incorporation of Heller is a tremendous victory it is NEVER the desire, or intent of CGF to gain legislative victory at the cost of the Defendant. There are separate options for appeal that are being discussed, but that will be handled between the Nordykes and their Lawyers.
That said there is an interesting aspect of ''pretending to lose" while winning. Since Alameda has “won” they cannot appeal Incorporation to the full Court nor to SCOTUS - while those options for the Nordyke's to appeal appear to be open - separate from the 14th Amendment Incorporation issue.
This is a game changing ruling - and the ramifications of it are being applied to current laws as we speak by the finest legal minds in the country.
Movement forward from here, while easier in theory, can be no less well considered and thought through than plans being made last week. Now is definitely a time to celebrate but NOT a time to try to assume that the laws have all been voided. Martyrs are not needed right now, if ever. Let's keep playing it smart and leave the reactionary errors to the other side.
As for the direct application and aspects of this ruling and how they can be applied, rest assured that these are the subject of MUCH discussion and planning even as you read this. CCW, LOC, AWB and many other issues are being looked at and handled almost like triage. Not only is importance being considered but so is viability and “stackability.” We want to use each victory as a building block for the next victory."
I realize this is a California case, but does it bode as well for the 2nd Amendment as it appears on the surface?
"Today the 9th Circuit Court of Appeals ruled on the landmark Nordyke v King case. This case forces the federal Heller decision to apply to the states.
From Nordyke v King:
"We therefore conclude that the right to keep and bear arms is ‘deeply rooted in this Nation’s history and tradition.’ ... We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments. "
While we have won the greater 2nd amendment victory, our friends the Nordykes have still lost their ability to conduct a gun show in Alameda County under some technicalities of procedural law.
While the Incorporation of Heller is a tremendous victory it is NEVER the desire, or intent of CGF to gain legislative victory at the cost of the Defendant. There are separate options for appeal that are being discussed, but that will be handled between the Nordykes and their Lawyers.
That said there is an interesting aspect of ''pretending to lose" while winning. Since Alameda has “won” they cannot appeal Incorporation to the full Court nor to SCOTUS - while those options for the Nordyke's to appeal appear to be open - separate from the 14th Amendment Incorporation issue.
This is a game changing ruling - and the ramifications of it are being applied to current laws as we speak by the finest legal minds in the country.
Movement forward from here, while easier in theory, can be no less well considered and thought through than plans being made last week. Now is definitely a time to celebrate but NOT a time to try to assume that the laws have all been voided. Martyrs are not needed right now, if ever. Let's keep playing it smart and leave the reactionary errors to the other side.
As for the direct application and aspects of this ruling and how they can be applied, rest assured that these are the subject of MUCH discussion and planning even as you read this. CCW, LOC, AWB and many other issues are being looked at and handled almost like triage. Not only is importance being considered but so is viability and “stackability.” We want to use each victory as a building block for the next victory."
I realize this is a California case, but does it bode as well for the 2nd Amendment as it appears on the surface?