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California: Historic Briefs on Second Amendment “Incorporation” Filed!

Friday, October 3, 2008

A California law suit that has been bouncing back and forth in the court for almost ten years has become the unlikely vehicle by which the question of whether the Second Amendment is “incorporated” so it restricts state and local gun control efforts may be answered. 

Following on the heels of the June Supreme Court ruling in District of Columbia v. Heller that the Second Amendment does protect a fundamental individual right and restricts federal action restricting the right to keep and bear arms, today members of an NRA led coalition of self-defense civil rights groups filed a flurry of “friend of the court” amicus briefs in the case of Nordyke v. Alamenda. The Nordyke case is now before the Ninth Circuit Court of Appeals. It was filed by gun show promoters challenging an ordinance that bans guns on county property (effectively banning the gun show at the county fairgrounds). 

Joining the NRA’s efforts are the California Rifle and Pistol Association, Second Amendment Foundation, Gun Owners of California, The National Association of Arms Shows, and dozens of esteemed law professors from law schools across the country.  Briefs arguing against the right to keep and bear arms were filed by the California State Sheriffs Association, the California Peace Officers Association, the California Police Chiefs Association, San Francisco, Oakland, the Legal Community Against Violence, the Brady Center, and other anti gun owner groups. 

All of the briefs, along with a history of the case, are posted at www.calgunlaws.com. 

With the supplemental briefs on the incorporation issue filed today, the Court will now set a date for oral argument. The Court will almost certainly have to decide the incorporation question, and then (assuming they find that the Second Amendment applies to the states) either decide whether the gun show ban ordinance violates the Second Amendment or send the case back (remand) to the trial court to make that determination.

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Idaho: Governor Signs Important Self-Defense Legislation into Law

Wednesday, April 3, 2019

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NRA Statement on New York City's Desperate Attempt to Avoid Supreme Court Review

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Texas: House Passes Evacuation Carry Bill

Thursday, April 18, 2019

Texas: House Passes Evacuation Carry Bill

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Pittsburgh Residents Seek Preliminary Injunction Against Ban on Standard Capacity Magazines

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Wednesday, April 17, 2019

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Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment

News  

Friday, March 29, 2019

Breaking! Federal Court Finds California Magazine Ban Violates the Second Amendment

In one of the strongest judicial statements in favor of the Second Amendment to date, Judge Roger T. Benitez of the U.S. District Court for the Southern District of California determined on Friday that California’s ...

Swiss to Vote on Implementation of EU Gun Controls

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Friday, April 12, 2019

Swiss to Vote on Implementation of EU Gun Controls

On May 19, Swiss citizens will go to the polls to vote in a referendum that will determine whether the peaceful mountain nation will acquiesce to the mandates of the European Firearms Directive. The Swiss have a proud ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.