Nordyke v. King
Encyclopedia
Nordyke v. King, 563 F. 3d 439 (9th Cir. 2009), is a case in the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...

 in which a ban of firearms on all public property and whether the Second Amendment
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...

 should be applied to the state and local governments is to be decided.

Background

The Board of Supervisors of Alameda County, California
Alameda County, California
Alameda County is a county in the U.S. state of California. It occupies most of the East Bay region of the San Francisco Bay Area. As of the 2010 census it had a population of 1,510,271, making it the 7th most populous county in the state...

 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. Gun show promoters challenged the ordinance.

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
Second Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...

 was incorporated
Incorporation (Bill of Rights)
The incorporation of the Bill of Rights is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government...

 through the Due Process Clause of the Fourteenth Amendment and so that it applied to the states and local governments. 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
Duncan v. Louisiana
Duncan v. Louisiana, 391 U.S. 145 , was a significant United States Supreme Court decision which incorporated the Sixth Amendment right to a jury trial and applied it to the states.-Background of the case:...

 for incorporation. However, the court ruled that the ordinance was constitutional, finding the ban of guns on county property to fall under Hellers 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
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...

. On July 29, 2009, the Ninth Circuit decided to rehear this case en banc, thereby vacating
Vacated judgment
A vacated judgment makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court which overturns, reverses, or sets aside the judgment of a lower court....

 both parts of the April 20 ruling. After rehearing the case on September 24, 2009, the Ninth Circuit decided to delay ruling on the case until the Supreme Court decided McDonald v. Chicago
McDonald v. Chicago
McDonald v. Chicago, 561 U.S. 3025, 130 S.Ct. 3020 , was a landmark decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states...

.

Rehearing

The case was scheduled for rehearing following McDonald v. Chicago, and oral arguments were heard by a panel of the U.S. Ninth Circuit Court on October 19, 2010. On May 2, 2011, the court released its decision. 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. On November 28, 2011, the full Ninth Circuit Court agreed to hear the case.

External links

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