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Nordyke v. King

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Constitutional Law
  • Date Filed: 06-01-2012
  • Case #: 07-15763
  • Judge(s)/Court Below: En Banc; Circuit Judge Graber for the Court; Concurrence by Circuit Judge O'Scannlain; Concurrence by Circuit Judge Ikuta

With respect to a gun show on county property, an ordinance may impose a restriction requiring firearms to be affixed to a table without violating the Second Amendment.

Russell and Sallie Nordyke (the 鈥淣ordykes鈥) sought to put on gun shows at the Alameda County (the 鈥淐ounty鈥) fairgrounds, in violation of an ordinance prohibiting the possession of firearms on county property. The Nordykes brought suit against the County, alleging that the ordinance violated their Second Amendment rights. On appeal, the Ninth Circuit rejected the Nordykes鈥 claim. The County鈥檚 official interpretation of the ordinance provided that a gun show constituted an 鈥渆vent鈥 excepted from the prohibition on firearm possession. The exception allowed a participant to possess a firearm on county property so long as the participant 鈥渓awfully uses the firearm as part of that...event,鈥 and 鈥減rovided that when such firearm is not in the [participant鈥檚] actual possession, it is secured to prevent unauthorized use.鈥 The County only required that the firearms be secured to a fixture, such as a table, 鈥渢o prevent unauthorized use.鈥 The Court credited the County鈥檚 鈥渞easonable鈥 interpretation, and concluded that it only minimally regulated the sale of firearms. As such, the regulation was permissible. AFFIRMED.

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