Nordyke: the county blinks
At oral argument, en banc, the county says it has amended its gun show ban to allow shows so long as guns are attached to the table by cable
Hat tip to thirtyearlawprof.....
Now Peruta can move forward, with Nordyke's "heightened review" securely in place for Second Amendment questions in the Ninth Circuit and the example out of Maryland on what that means vis-a-vis discretionary licensing.
Posted by: Matthew Carberry at March 20, 2012 04:49 PM
Well, it does look like a bit of a retreat by the county.
But the decision is pending...
Posted by: CDR D at March 20, 2012 06:27 PM
If cables on the tables gets tossed, you can kiss gun locks goodbye.
Posted by: Jim D. at March 20, 2012 11:24 PM
12 years of litigation and that's the end result?
Posted by: Jim at March 21, 2012 01:39 AM
Jim, in case you didn't notice Nordyke started before Heller and McDonald. The legal landscape shifted mightily in the intervening period. The fight is on with regard to how 2nd Amendment jurisprudence will handle the emanations and penumbras of the amendment. For instance, subject to the commerce clause, how may states regulate the sales of guns? If you look at the track record of the supes the answer is not very much. Which is why the county and the 9th Circuit panel want to run away, run away. Specifically look at Carey v. Population Planning Services. The supes said "enumerated right?" then you have intermediate scrutiny as a minimum. Many many gun laws are going to fall over time. And the liberals set themselves up for this with their own judicial approach. Could not happen to a more deserving bunch of apparatchiks.
And the devil is in the details. So the county counsel stipulated. The politicians and bureaucrats are going to drag their feet, just like for the last 12 years. Expect it. Prepare for it. Expose it.
Posted by: RKV at March 21, 2012 07:11 AM
Look...it's easy to monday morning quarterback.....I don't think Calguns did a very good job this time. Do you really think it needs to go back to the dc for FURTHER fact finding??? Come on guys....learn how to answer their questions and when their questions are meant to throw you off track. Stay focused.
How many guns are sold...we don't have that in the record....WTF....it doesn't matter if its 1 or 1,000,000. What type of guns...AK47's??? WTF....ONLY LEGAL GUNS are sold. I seriously had a hard time listening to it.
Posted by: 5thofNov at March 21, 2012 08:25 AM
Before you get down on Calguns, remember that there are two parties involved. Three if you count the court itself and I do. It has its own interests to look after. Now we watch what the county does, and hold it to the stipulation. Back to court if they go slow or sideways (or backwards).
Posted by: RKV at March 21, 2012 09:29 AM
Alameda punted and punted, and when it came down to the final arguments, they rolled over and played dead. It was a waste of time and money for both parties. If Alameda had stipulated early on that "cables on the tables" would have been fine, then this whole mess would have been over a LOT sooner. Now it's going back to the District Court to be rehashed. If the DC screws it up, we're looking at another round of appeals.
Posted by: Smokey Behr at March 23, 2012 09:49 PM