BREAKING: 9th Circuit Court Incorporates 2nd Amendment in Nordyke v. King

The 9th Circuit Court of Appeals, which formerly held a collectivist view of the 2nd Amendment, has ruled today that the 2A is "incorporated" to the states via the 14th Amendment. This means that the Heller decision (which states that the 2nd Amendment affords a personal right to keep and bear arms) applies to not only the Federal government, but the states as well.

"The right to keep and bear arms is “deeply rooted in this Nation’s history and tradition…. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental...We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments."

This proclamation by the 9th Circuit was included in the ruling for the case Nordyke v. King. Unfortunately, the remainder of the ruling came down against Nordyke, et al, who claimed that a blanket ban of firearms on Alameda County property violated their 2nd Amendment rights. Nordyke and the other plaintiffs were the organizers of a now-defunct gun show which took place on county fairgrounds. The court said that this was a reasonable restriction that did not impair one's ability to defend themselves or their homes. Additionally, it claimed that all County property could be considered a "sensitive area" under the Heller ruling, which stated:

"(the ruling) should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings..."

David Hardy over at Of Arms and the Law has conjectured that since Nordyke lost the overall decision they are in control of the next move. Alameda County cannot ask to have the ruling heard en banc (and potentially have incorporation overturned), and Nordyke can craft the appeal when asking for a writ of centiorari from the SCOTUS. On the other hand, since incorporation has effectively been taken off the table, the high court is less likely to hear the case. Hardy also notes that two of the three 9th Circuit judges ruling for incorporation were Democratic appointees. One from the Carter Admin, and one from Clinton.

Full 9th Circuit opinion HERE.
Second Amendment Foundation press release HERE.