Nordyke v. King Vacated

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The 9th circuit 3 judge panel decision has been vacated and the case will be heard en banc by the full 9th circuit:

http://wiki.calgunsfoundation.org/index.php/Nordyke_v._King

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Ok, I'll ask...

Is this a good thing or a bad thing?

Does this mean that the rest of the judges on the circuit thought that the decision was bad? Or perhaps that the rest of the judges on the circuit saw a chance to get their names on a landmark decision that will affect the country for generations to come?

TFred

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TFred wrote:

Ok, I'll ask...

Is this a good thing or a bad thing?

Does this mean that the rest of the judges on the circuit thought that the decision was bad? Or perhaps that the rest of the judges on the circuit saw a chance to get their names on a landmark decision that will affect the country for generations to come?

TFred

Click to expand...

Could have many different outcomes.

1. Could be overturned. This would eliminate the Circuit "split" on incorporation and SCOTUS might decide not to take any of the 2A incorporation cases.

2. It gets reaffirmed. No real change from a few days ago.

3. It get reaffirmed and the full 9th rules to allow gunshows at theCounty Fairgrounds and thus eliminates them as"sensitive places" .

The initial effect is that the 3 panel judge ruling is put on hold, and therefore the 2nd Amendment is back to being "not incorporated" in the 9th Circuit Court jurisdiction.

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Just found this posted on the General Discussion forum:

http://www.examiner.com/x-4525-Seat...-Ninth-Circuit-to-rehear-Nordyke-case-en-banc

TFred

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How could this be tied up with the amicus filed by state AGs?

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I think this is lame ~ the 9th Cir finally makes a good decision and they hold themselves back out of fear that they will send the issue to the supremes while the 5-4 Heller majority is still there -

The Supremes can take the case anyway -

Sept 21 oral arguments should be good ones - I hope the NRA and GOA and Second Amendment Foundation people are all geared up as I'm sure they are - ~

It's a set back for those of us who have been enjoying 2nd Amendment rights on the West Coast since the Apr 20th Nordyke ruling - :banghead:

Maybe the Supremes will take it out of the 7th Cir before the 9th Cir rules on the en banc case -

Stupid politics. :cuss:

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I'd give it about 99% odds the people who voted for this wanted to overturn the panel ruling because they don't like the idea of the 2nd Amendment being applied to California. Judges out there HATE gun rights. HATE them.