GUN nordyke is out

Discussion in 'On Topic' started by SnakeEater, Apr 20, 2009.

  1. SnakeEater

    SnakeEater OT Supporter

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    http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf
     
  2. Cliffs on the case? I haven't heard of it. That quoted text of yours is very encouraging though!
     
  3. AustinL911

    AustinL911 Illudium Q-36 Explosive Space Modulator

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    So what's this mean exactly?
     
  4. This is the important part.
     
  5. LancerV

    LancerV Something Happened OT Supporter

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    :werd:
     
  6. [DWI]

    [DWI] Master of Nothing

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    We must decide whether the Second Amendment prohibits
    a local government from regulating gun possession on its
    property.


    Russell and Sallie Nordyke operate a business that pro-
    motes gun shows throughout California.


    In the summer of 1999, the County Board of Supervisors,
    a legislative body, passed Ordinance No. 0-2000-22 (“the
    Ordinance”), codified at Alameda County General Ordinance
    Code (“Alameda Code”) section 9.12.120. The Ordinance
    makes it a misdemeanor to bring onto or to possess a firearm
    or ammunition on County property. Alameda Code
    § 9.12.120(b). It does not mention gun shows.


    But the Nordykes insist that something more sinister was
    afoot. They point to some of King’s other statements as evi-
    dence that she actually intended to drive the gun shows out of
    Alameda County. Shortly before proposing the Ordinance,
    King sent a memorandum to the County Counsel asking him
    to research “the most appropriate way” she might “prohibit
    the gun shows” on County property. King declared she had
    “been trying to get rid of gun shows on Country property” for
    “about three years,” but she had “gotten the run around from
    spineless people hiding behind the constitution, and been
    attacked by aggressive gun toting mobs on right wing talk
    radio.” At her press conference, King also said that the
    County should not “provide a place for people to display guns
    for worship as deities for the collectors who treat them as
    icons of patriotism.” Without expressing any opinion about
    King’s remarks, the Board of Supervisors adopted the Ordi-
    nance.

    County officials then exchanged several letters with the
    Nordykes. The General Manager of the fairgrounds asked the
    Nordykes to submit a written plan to explain how their next
    gun show would comply with the Ordinance. As the County
    Counsel had told the General Manager, the Ordinance did not
    expressly prohibit gun shows or the sale of firearms. The Nor-
    dykes insisted then and maintain now that they cannot hold a
    gun show without guns; perhaps because they thought it
    futile, they never submitted a plan.
    During the same period, representatives of the Scottish Cal-
    edonian Games (“the Scottish Games”) inquired about the
    effect of the new law on the activities they traditionally held
    on the fairgrounds. Those activities include reenactments,
    using period firearms loaded with blank ammunition, of his-
    toric battles. After the inquiries, the County amended the
    Ordinance to add several exceptions. Importantly, the Ordi-
    nance no longer applies to
    [t]he possession of a firearm by an authorized partic-
    ipant in a motion picture, television, video, dance, or
    theatrical production or event, when the participant
    lawfully uses the firearm as part of that production
    or event, provided that when such firearm is not in
    the actual possession of the authorized participant, it
    is secured to prevent unauthorized use.


    For the foregoing reasons, we AFFIRM the district court’s
    grant of summary judgment to the County on the Nordykes’
    First Amendment and equal protection claims and, although
    we conclude that the Second Amendment is indeed incorpo-
    rated against the states, we AFFIRM the district court’s
    refusal to grant the Nordykes leave to amend their complaint
    to add a Second Amendment claim in this case.
    AFFIRMED.
     
  7. Admitted

    Admitted I shouldn't be on OT right now.

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    I Love summary judgment
     
  8. Paul Revere

    Paul Revere OT Supporter

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    wow

    King declared she had “been trying to get rid of gun shows on Country property” for “about three years,” but she had “gotten the run around from spineless people hiding behind the constitution, and been attacked by aggressive gun toting mobs on right wing talk radio.”

    At her press conference, King also said that the County should not “provide a place for people to display guns for worship as deities for the collectors who treat them as icons of patriotism.”

    :ugh2:
     
  9. SnakeEater

    SnakeEater OT Supporter

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    bitch is fukking nuts
     
  10. Sardaukar

    Sardaukar Active Member

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    Win for us. Can't wait to see what the CGF is able to do with this.
     
  11. Rip The Jacker

    Rip The Jacker New Member

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    Wow read part of it...Heller FTW.
     
  12. Scrooge McDuck

    Scrooge McDuck OT Supporter

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    oh.my.god :ugh:
     
  13. KIDRR

    KIDRR Duck dog>* OT Supporter

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    :x:
     
  14. Rip The Jacker

    Rip The Jacker New Member

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    Bunch of bullshit.
     
  15. Rip The Jacker

    Rip The Jacker New Member

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    They still lost.
     
  16. Paul Revere

    Paul Revere OT Supporter

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    what a fucking CUNT
     
  17. PanzerAce

    PanzerAce Active Member

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    :cool:

    Going to take years before anything changes though :hsd:
     
  18. Burmonster

    Burmonster OT Supporter

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    well this is good and bad
     
  19. PanzerAce

    PanzerAce Active Member

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    Hello CCW :cool:
     
  20. Paul Revere

    Paul Revere OT Supporter

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    better than never. i am rite.
     
  21. Bacardi 151

    Bacardi 151 New Member

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    Interesting ruling. I can't believe the 9th court ruled in favor of firearms, kind of. They even said they ruled differently in the past but Heller changed their perception.
     
  22. True, but the most important part was the incorporation part.
     
  23. Fire Sauce

    Fire Sauce New Member

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    bitch is a real life troll
     
  24. hsmith

    hsmith OT Supporter

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    :bowrofl: the best part is she may be directly responsible for even more relaxed gun laws :bowrofl:
     
  25. Bacardi 151

    Bacardi 151 New Member

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    :werd:

    For the foregoing reasons, we AFFIRM the district court’s
    grant of summary judgment to the County on the Nordykes’
    First Amendment and equal protection claims and, although
    we conclude that the Second Amendment is indeed incorporated
    against the states
    , we AFFIRM the district court’s
    refusal to grant the Nordykes leave to amend their complaint
    to add a Second Amendment claim in this case.

    That part will be major in future cases.

    Come on removal of some of CA's stupid gun laws. :x:
     

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