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To: Alan Smithee who wrote (302050)4/21/2009 1:00:53 PM
From: mph  Respond to of 794282
 
New gun case out of the Ninth Circuit:

-Individual Rights-
Second Amendment confers an individual right to keep and bear arms, which the Due Process Clause of the Fourteenth Amendment incorporates and applies against the states and local governments. Local ordinance regulating gun possession in public places owned by county was not invalid under Second Amendment because it did not meaningfully impede the ability of individuals to defend themselves in their homes with usable firearms. Where county offered plausible purpose for ordinance, it was unrelated to suppression of free expression and heightened scrutiny applied to gun show operators' First Amendment claim; district court properly granted summary judgment where ordinance furthered an important or substantial governmental interest unrelated to the suppression of free expression, and where incidental restriction on alleged First Amendment freedoms was no greater than that essential to furtherance of the interest. Plaintiffs failed to demonstrate that exception in ordinance for certain artistic events was designed to favor other groups over gun show participants where they were not situated similarly to other groups in that they could not meet exception's safety requirements.
Nordyke v. King - filed April 20, 2009
Cite as 0715763
Full text metnews.com