Slappy Posted January 17, 2009 at 04:43 PM Share Posted January 17, 2009 at 04:43 PM article SF: APPEALS COURT HEARS CHALLENGE TO BAN ON GUN SHOWS AT ALAMEDA COUNTY FAIR SAN FRANCISCO (BCN)A long-running challenge to Alameda County's ban on gun shows at the annual county fair in Pleasanton was back before a federal appeals court in San Francisco today. Gun show promoters Russell and Sallie Nordyke, of Willows in Glenn County, claim the ban violates their constitutional First Amendment right of free speech and their Second Amendment right to bear arms. Their lawyer, Donald Kilmer, told the 9th U.S. Circuit Court of Appeals, "We are asking to be allowed to hold the traditionally law-abiding gun shows held in the country fair for 10 years." A three-judge panel took the case under submission after hearing an hour of arguments and will issue a written ruling at a later date. The ban was passed by the Alameda County Board of Supervisors in 1999, in the wake of a shooting at the 1998 fair in which eight people were injured. The ordinance prohibits most gun possession on county property, with certain exceptions including possession by peace officers. The Nordykes say the effect of the law is to ban gun shows at the fair. The Nordykes sued the county in federal court in San Francisco in 1999 and are currently appealing trial court rulings that upheld the law. The case has already been to the California Supreme Court, which ruled in 2002 that the county measure was not pre-empted by state law, and to the 9th Circuit in an earlier round of arguments in 2003. In 2003, the 9th Circuit said the ban didn't violate the Second Amendment, because, according to the court, the amendment protected only a collective state right and not an individual right to bear arms. But that reasoning was rejected in a decision in which the U.S. Supreme Court said last year that the Second Amendment applies to individuals. The ruling, known as the Heller case, struck down a Washington, D.C., ban on handgun possession. The Nordykes say the Heller decision means the Alameda County law should also be overturned. But Peter Pierce, a lawyer for the county, argued that the Supreme Court ruling left room for local regulations of county property and for gun bans in "sensitive places" such as the fairgrounds. "The states have historically regulated safety with respect to their own property," Pierce contended. The Nordykes, whose gun show company is called TS Trade Shows, began presenting shows at the Alameda County fair in 1991. Link to comment Share on other sites More sharing options...
Buzzard Posted January 17, 2009 at 06:10 PM Share Posted January 17, 2009 at 06:10 PM ....Alameda County's ban on gun shows at the annual county fair in Pleasanton... Had they really been holding a gun show at the COUNTY FAIR or were they merely holding the gun show on the county fair GROUNDS? Link to comment Share on other sites More sharing options...
BShawn Posted January 18, 2009 at 02:26 AM Share Posted January 18, 2009 at 02:26 AM ....Alameda County's ban on gun shows at the annual county fair in Pleasanton... Had they really been holding a gun show at the COUNTY FAIR or where they merely holding the gun show on the county fair GROUNDS?my prediction would be just on the grounds, not during a 'fair'... Link to comment Share on other sites More sharing options...
johnyt101 Posted January 18, 2009 at 03:06 AM Share Posted January 18, 2009 at 03:06 AM Im pretty sure that the gun show was being held during the county fair. Form what I have read from other forums, the 3 judge panel that heard the oral arguements Thursday are pretty pro 2A incorporation (but thats just what I have read). There is another case pending on the 9th Circut's ruling in Nordyke about Colorado not recognizing non-resident concealed carry permits. Link to comment Share on other sites More sharing options...
johnyt101 Posted January 18, 2009 at 03:22 AM Share Posted January 18, 2009 at 03:22 AM Here is the audio for the oral arguements Nordyke v. King Oral Argument Link to comment Share on other sites More sharing options...
johnyt101 Posted January 18, 2009 at 03:52 AM Share Posted January 18, 2009 at 03:52 AM After listening to the oral arguments, I do have to say our side might have the edge. The pro incorporation team made a good arguement, but there is no real way to tell how a judge will rule. Link to comment Share on other sites More sharing options...
Slappy Posted January 18, 2009 at 04:02 AM Author Share Posted January 18, 2009 at 04:02 AM After listening to the oral arguments, I do have to say our side might have the edge. The pro incorporation team made a good arguement, but there is no real way to tell how a judge will rule. As long as its not 9th Circuit, we have a shot! :Drunk emoticon: Link to comment Share on other sites More sharing options...
johnyt101 Posted January 18, 2009 at 04:04 AM Share Posted January 18, 2009 at 04:04 AM After listening to the oral arguments, I do have to say our side might have the edge. The pro incorporation team made a good arguement, but there is no real way to tell how a judge will rule. As long as its not 9th Circuit, we have a shot! :Drunk emoticon: Sorry to say Slappy, it is the 9th Circuit... Link to comment Share on other sites More sharing options...
Slappy Posted January 18, 2009 at 04:16 AM Author Share Posted January 18, 2009 at 04:16 AM After listening to the oral arguments, I do have to say our side might have the edge. The pro incorporation team made a good arguement, but there is no real way to tell how a judge will rule. As long as its not 9th Circuit, we have a shot! Sorry to say Slappy, it is the 9th Circuit... :Drunk emoticon: Link to comment Share on other sites More sharing options...
GarandFan Posted January 18, 2009 at 02:20 PM Share Posted January 18, 2009 at 02:20 PM Joke is that selective incorporation precedent is so clear and controlling that even the 9th circuit can't screw this up. It's possible they'll punt it up to the SCOTUS, but that would make them look pretty sad, and silly. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.