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Nordyke is out

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
Calguns discussion: http://www.calguns.net/calgunforum/showthread.php?t=427991
PDF opinion: http://www.ca9.uscourts.gov/datastore/opinions/2011/05/02/07-15763.pdf

Nothing very positive to read as far as I can tell from the CGN thread. Remanded back to district court. Opinion says a regulation must substantially burden on Second Amendment rights in order to infringe. It will be very surprising if the district court determines that prohibiting gun shows on fairgrounds substantially infringes upon the right to keep and bear arms. Not surprised, but still pretty upsetting.
 

DKSuddeth

Accomplished Advocate
Joined
May 8, 2006
Messages
833
Location
Bedford, Texas, USA
isn't this the same district that determined the may issue system was not unconstitutional since people could still carry open/unloaded? even if not, it sounds like the circuit is going to force alameda/california to either accept guns at gun shows or flat out ban and take the courts to task.
 

cato

Newbie
Joined
Oct 29, 2006
Messages
2,338
Location
California, USA
isn't this the same district that determined the may issue system was not unconstitutional since people could still carry open/unloaded?.

No different court. The Nordykes are being 'allowed' and hinted to rewrite their complaint to address the core right of self defense (if they can or want to) and return to the district court on the 2nd A issue only. They lost on the 1st and 14th A issues which they can appeal if they want to. And nobody is awarded fees.
 

bigtoe416

Anti-Saldana Freedom Fighter
Joined
Jun 3, 2008
Messages
1,747
Location
Oregon
Thanks for the link Cato. Perhaps there is some positive news after all? Ultimately I can't see the Supreme Court agreeing that only substantial burdens will violate the second amendment, but maybe pro-gun cases can earn a few wins off of the current Nordyke decision.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Opinion says a regulation must substantially burden on Second Amendment rights in order to infringe.

Cannot compute, cannot compute!!!!!

Thats like saying to be labeled a pedophile you must assault at least a dozen children first. Disgusting.

I am vegetarian because I only eat meat after 6:00 a.m.

He's not a bigot unless he..........(you get my point)

Our courts are so full of Benthamites I fear we will never be a "free" people again.

The Courts are not supposed to define the constitution only determine when laws are unconstitutional.
 
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