Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Ninth Circuit Holds that Second Amendment Applies to States

Friday, April 24, 2009

This week, the U.S. Court of Appeals for the Ninth Circuit marked a milestone in Second Amendment history by ruling that the Second Amendment applies to the states through the due process clause of the Fourteenth Amendment to the U.S. Constitution.  NRA has been involved in, and supportive of, this case for the past ten years and has filed several amicus briefs in the case. 

"The historic Heller decision was a major victory for law-abiding gun owners and recognized that the federal government and the District of Columbia cannot infringe on our Right to Keep and Bear Arms," said NRA-ILA Executive Director Chris W. Cox.  "This week's decision, which applies to the states in the Ninth Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington), ensures that the fundamental freedoms affirmed in Heller are not just limited to the residents of Washington, D.C." 

In 1999, the Alameda County Board of Supervisors passed an ordinance that made it a misdemeanor to possess a firearm on county property, effectively banning gun shows. This ordinance affected a local business, owned by Russell and Sallie Nordyke, which promotes gun shows throughout California.  In an attempt to continue holding their gun shows on the Alameda county fairgrounds property, the Nordykes filed suit to strike down the ordinance. 

The Ninth Circuit upheld the ordinance banning guns on county property, but found, consistent with the views of most Second Amendment scholars, that the Second Amendment protects the Right to Keep and Bear Arms for all law-abiding Americans. 

"The NRA shares the Nordykes' disappointment with the ruling on the county ordinance, as gun shows should not be discriminated against by local government entities.  The incorporation portion of the decision, however, is a major step forward in protecting our Second Amendment freedoms," said Cox. 

"This decision brings us closer to seeing Heller applied throughout the land," concluded Cox.  "After nearly 10 years of litigation, the hard work of the Nordykes, their attorneys, Donald Kilmer and Don Kates, and NRA's legal team has resulted in this week's historic decision."

TRENDING NOW

News  

Tuesday, July 17, 2018

Federal Court Upholds Decision to Block California’s Magazine Ban

A three-judge panel of the 9th Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday upholding a lower court’s decision to suspend enforcement of California’s restriction on the possession of magazines ...

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

Monday, July 16, 2018

Washington: Seattle City Council Passes Ordinance Making Firearms Unavailable for Self-Defense

On July 9th, the Seattle City Council passed a mandatory firearm storage ordinance to restrict the self-defense rights of Seattle residents.  The ordinance, if signed by Mayor Jenny Durkan, will impose a one-size-fits-all method of storing firearms as ...

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

News  

Friday, July 6, 2018

Anti-gun Efforts to Expand U.N. Regulations to Ammunition Continue

Shortly before 4:00am last Saturday morning, the two week long Third Review Conference (RevCon3) on the Programme of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons in All ...

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

News  

Second Amendment  

Gun Laws  

Friday, July 13, 2018

Justice Scalia Made Clear the Second Amendment and Heller Prohibit “Assault Weapon” Bans

On July 9, Sen. Chris Murphy (D-Conn.) offered the following ham-handed statement in an attempted attack on President Donald Trump’s U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh. Brett Kavanaugh is a true Second Amendment radical. ...

Illinois: Governor Signs Two Gun Control Bills

Tuesday, July 17, 2018

Illinois: Governor Signs Two Gun Control Bills

On July 17th, Governor Bruce Rauner signed House Bill 2354 and Senate Bill 3256 into law.

Washington: NRA and SAF File Lawsuit Against City of Seattle

Friday, July 20, 2018

Washington: NRA and SAF File Lawsuit Against City of Seattle

On Friday, July 20th, the NRA and the Second Amendment Foundation filed a lawsuit against the City of Seattle, Mayor Jenny Durkan, and others, to invalidate the mandatory firearm storage ordinance that was recently passed by ...

Anti-gun Propaganda Infiltrates History Channel’s Navy SEAL Drama “Six”

News  

Friday, July 20, 2018

Anti-gun Propaganda Infiltrates History Channel’s Navy SEAL Drama “Six”

With shows like “Tales of the Gun” and “Mail Call” with R. Lee Ermey, the History Channel has often served as a place where gun owners can enjoy entertainment free from the anti-gun political messaging ...

California: Federal Court Upholds Decision to Block California’s Magazine Ban

Thursday, July 19, 2018

California: Federal Court Upholds Decision to Block California’s Magazine Ban

A three-judge panel of the 9th Circuit issued a ruling in the case of Duncan v. Becerra on Tuesday upholding a lower court’s decision to suspend enforcement of California’s restriction on the possession of magazines ...

Federal Appellate Court Upholds Decision to Block California’s Magazine Surrender Requirement

News  

Friday, July 20, 2018

Federal Appellate Court Upholds Decision to Block California’s Magazine Surrender Requirement

Last summer, we reported on the welcome news that a federal court had blocked California’s plan to require owners of “large capacity” magazines to surrender or otherwise rid themselves of their formerly-lawful property. As the judge in ...

California DOJ Withdraws Proposed Regulations Expanding Application of “Assault Weapon” Definitions

Wednesday, July 11, 2018

California DOJ Withdraws Proposed Regulations Expanding Application of “Assault Weapon” Definitions

On Monday, the California Department of Justice, Bureau of Firearms (“CA DOJ”) officially withdrew the proposed regulations that would have expanded the improperly adopted “assault weapon” definitions, to apply in all circumstances. This withdrawal comes ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.