Monday, April 20, 2009

The Second Amendment Comes to California

Today, the U.S. Court of Appeals for the Ninth Circuit ruled that “the Fourteenth Amendment [to the U.S. Constitution] incorporates the Second Amendment and applies it to the states and local governments.” While 14th Amendment incorporation is a profanely legalistic concept, the way has now been opened to challenge unconstitutional gun-control statutes and regulations in California and beyond. The case in question was Nordyke v. King.

U.S. Court of Appeals for the Ninth Circuit
In a clever bit of jurisprudence, the court ruled against the plaintiffs (gun-show organizers) while settling the incorporation matter. Alameda County was the “winner,” so it cannot appeal the decision. The right to arms is now the law of the land, at least for much of the western United States.

This is wonderful news for the civil-rights movement, but the fight is really only just beginning. Prepare for an onslaught of litigation over the next few years.

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