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Friday, July 31, 2009

Courts - "Appeals Court Sets Rehearing on Ruling That Eased Gun Restrictions "

John Schwartz of the NY Times has an article today about DC v. Heller and federal Circuit Court decisions on whether the 2nd amendment applies to the states. It begins:

In a setback for supporters of gun rights, a federal appeals court in San Francisco has set aside a major ruling by three of its own justices that made it easier to challenge local gun restrictions.

Without explanation, the United States Court of Appeals for the Ninth Circuit, in San Francisco, on Wednesday ordered a hearing before 11 judges on an earlier decision by a three-judge panel that applied the Second Amendment right to own guns to state and local laws.

In extending the Second Amendment to the states, the Ninth Circuit stood alone among the federal circuit courts of appeals that have taken on the issue. Two circuits declined to apply the amendment to the states. [ILB - Those would be the 7th and 2nd] That conflict between the circuits was widely seen as inviting quick review by the Supreme Court, a possibility that could be reduced by the Ninth Circuit’s reversal.

The California case, Nordyke v. King, involves an ordinance banning firearms at a public fairground. In a unanimous opinion in April, the three-judge panel upheld the ordinance but said Second Amendment protections applied, citing a landmark 2008 decision by the Supreme Court. In that case, District of Columbia v. Heller, the justices found for the first time that the Second Amendment protects the rights of individuals to keep and bear arms for personal use. That decision did not apply the Second Amendment to state and local laws.

For background, start with this ILB entry from July 20th.

Posted by Marcia Oddi on July 31, 2009 12:33 PM
Posted to Courts in general