Nordyke v. King

Nordyke v. King, 563 F. 3d 439 (9th Cir. 2009), is a case in the United States Court of Appeals for the Ninth Circuit in which a ban of firearms on all public property and whether the Second Amendment should be applied to the state and local governments is to be decided.

Background

The Board of Supervisors of Alameda County, California had passed Ordinance No. 0-2000-22, codified at General Ordinance Code section 9.12.120, making it a misdemeanor to bring onto or to possess a firearm or ammunition on all County property.^[1] Gun show promoters challenged the ordinance.^[2]

Panel ruling

On April 20, 2009, a three-judge panel of the Ninth Circuit affirmed the district court ruling which upheld the Alameda County ordinance. The court accepted Nordyke's argument that the Second Amendment was incorporated through the Due Process Clause of the Fourteenth Amendment and so that it applied to the states and local governments.^[3] In coming to that conclusion, the court found the right to keep and bear arms is "deeply rooted in this Nation’s history and tradition", a key factor under Duncan v. Louisiana for incorporation.^[4] However, the court ruled that the ordinance was constitutional, finding the ban of guns on county property to fall under Heller's doctrine allowing governments to restrict possession in "sensitive" places.

En banc review

On May 18, 2009, an anonymous judge of the Ninth Circuit called for briefing from both sides on whether the case should be reheard en banc.^[5] On July 29, 2009, the Ninth Circuit decided to rehear this case en banc, thereby vacating both parts of the April 20 ruling.^[6][7][8] After rehearing the case on September 24, 2009, the Ninth Circuit decided to delay ruling on the case until the Supreme Court decides McDonald v. Chicago.^[9]

Rehearing

The case was scheduled for rehearing following McDonald v. Chicago, and oral arguments were heard in the Ninth Circuit court on October 19, 2010.^[10] On May 2, 2011, the court released its decision.^[11] Nordyke loses and is sent back to district court to argue the second amendment claim. Subsequently, the court entertained a request from the plaintiffs for a rehearing en banc, and in June 2011 ordered the defendants to file a response.

See also

McDonald v. Chicago

NRA v. Chicago

Notes

1. ^ Nordyke v. King, ___ F.3d ___, at 4471 (9th Cir. 2009).
2. ^ Egelko, Bob (2009-04-21). "Citizens can challenge state, local gun laws". San Francisco Chronicle. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/04/20/BA1V1760BI.DTL 
3. ^ Nordyke v. King, ___ F.3d ___, at 4496 (9th Cir. 2009).
4. ^ Nordyke v. King, ___ F.3d ___, at 4484 (9th Cir. 2009).
5. ^ Volokh, Eugene (2009-05-19). "Ninth Circuit Judge Calls for En Banc Review in Ninth Circuit's Second Amendment Gun Show Case". http://www.volokh.com/posts/1242774777.shtml 
6. ^ Volokh, Eugene (July 29, 2009). "Ninth Circuit Will Rehear Nordyke v. King En Banc". The Volokh Conspiracy. http://volokh.com/posts/1248906855.shtml. Retrieved 2009-07-30. 
7. ^ Schwartz, John (July 30, 2009). "Appeals Court Sets Rehearing on Ruling That Eased Gun Restrictions". The New York Times. http://www.nytimes.com/2009/07/31/us/31guns.html. Retrieved 2009-07-30. 
8. ^ Egelko, Bob (July 30, 2009). "New Hearing Set on Fairgrounds Gun Ban". San Francisco Chronicle. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/07/30/MNAA19177V.DTL. Retrieved 2009-07-30. 
9. ^ Denniston, Lyle (September 25, 2009). "9th CA: Gun case on hold". SCOTUSblog. http://www.scotusblog.com/wp/9th-ca-gun-case-on-hold/. Retrieved 2009-09-25. ^{[dead link]}
10. ^ Recording of the Oct 19, 2010 arguments http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000006368
11. ^ Nordyke IV Opinion http://www.ca9.uscourts.gov/datastore/opinions/2011/05/02/07-15763.pdf

External links

• CalGunsFoundation.org provides a wiki about this case.
• ChicagoGunCase provides info about a closely related case in the Seventh Circuit.
• Maloney v. Rice: the Nunchaku Case is a closely related case in the Second Circuit.