Monday, April 20, 2009

The Ninth Circuit Just Incorporated the Second Amendment!!!

The Ninth Circuit just handed down its decision in Nordyke v. King.  I haven't read the decision yet but according to Volokh, the court incorporated the Second Amendment against states and municipalities under the 14th Amendment's Due Process Clause.

Unfortunately, the court also held that the county not allowing Nordyke to hold a gun show in a county facility.  Apparently the level of scrutiny (strict or intermediate; Heller pretty much ruled out rational basis scrutiny) was also left up for future decision.

Click here for a PDF of the decision.

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