Forums / Gun Discussion / Good News, On Gun Rights

6 years 5 days ago, 11:27 AM

Mark3030

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Mar 2009
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Ninth Circuit Court of Appeals Holds that the Second Amendment Applies to the States

Fairfax, Va. – Today, the U.S. Court of Appeals for the Ninth Circuit marked a milestone in Second Amendment history by ruling that the Second Amendment limits state and local government infringements on our right to keep and bear arms through the due process clause of the Fourteenth Amendment to the U.S. Constitution. NRA has been involved in, and supportive of, this case for the past ten years and has filed several amicus briefs in the case.

“The historic Heller decision was a major victory for law-abiding gun owners and recognized that the federal government could not infringe on our right to keep and bear arms,” said Chris W. Cox, NRA chief lobbyist. “Today’s decision, which applies to the states in the Ninth Circuit, ensures that the fundamental freedoms affirmed in Heller are not just limited to the residents of Washington, D.C.”

In 1999, the Alameda County Board of Supervisors passed an ordinance that made it a misdemeanor to possess a firearm on county property, effectively banning gun shows. This ordinance affected a local business, owned by Russell and Sallie Nordyke, which promotes gun shows throughout California. In an attempt to continue holding their gun shows on the Alameda county fairgrounds property, the Nordykes filed suit to strike down the ordinance.

The U.S. Court of Appeals upheld the ordinance banning guns on county property, but found, consistent with the views of most Second Amendment scholars, that the Second Amendment protects the right to keep and bear arms for all law-abiding Americans. NRA is also pursuing litigation on that issue in Chicago and Oak Park, Illinois. That case is currently pending before the U.S. Court of Appeals for the Seventh Circuit.

“The NRA shares the Nordykes' disappointment with the ruling on the county ordinance, as gun shows should not be discriminated against by local government entities. The incorporation portion of the decision, however, is a major step forward in enshrining our Second Amendment freedoms,” said Cox.

“This decision brings us closer to seeing Heller applied throughout the land,” concluded Cox. “After nearly 10 years of litigation, the hard work of the Nordykes, their attorneys, Donald Kilmer and Don Kates, and NRA’s legal team has resulted in today’s historic decision.”

-NRA-

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.

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Posted: 4/21/2009 9:41:25 AM

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Copyright 2009, National Rifle Association of America, Institute for Legislative Action.
This may be reproduced. It may not be reproduced for commercial purposes.
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"the thrill of the hunt"
6 years 5 days ago, 12:24 PM

Gunnin88

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Major General
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515
Join Date:
Jan 2009
Location:
Belfair, Washington
good deal

It would seam at this juncture, that the anti gun government in place is loosing their battle. There have been many stories as of late of Democrats siding with the 2nd amendment rights and that of the beliefs of us gun owners. Not that they agree, but rather they are afraid to disagree knowing they will not be re-elected. While we watch these tool sheds destroy our country with ridiculous spending bills, it's good to know we will at the very least be holding our arms legally.

01*20*2013 Obamas last day!
6 years 4 days ago, 1:11 PM

Tomasco

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Rank:
Major
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47
Join Date:
Apr 2009
Location:
Radium Springs, New Mexico, United States
Good news.....for now

Why do I get the sinking feeling that this administration has lots of plans to chip away at the 2nd no matter what the courts say. Raise the price of ammo enough, slap enough unpalatable paperwork and regulation, violate peoples privacy enough... If they can't get what they want all at once they will take it a bit at a time. That's why there aint any ammo at Wallyworld, folks are getting while the gettings still there.

The Meek Shall Inherit Nothing......Frank Zappa.

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