Wildalaska said:
I read it.
Wow.
WildwhowouldhavethunkitAlaska ™
I thunked it! See my posts on the
original thread (see posts #1 and #5).
It looks like the Nordykes took one for us, in order to get incorporation.
Folks, this is huge. No one thought that in less than a year, that any Circuit Court would get an incorporation case and actually rule in our favor. Most especially, the 9th Circuit.
Glenn said:
So will this have to hit the SCOTUS for the rest of the country?
Not necessarily, Glenn. It could be that the Supreme Court will wait a while to see what the other circuits do. Remember, we still have to see what the 7th Circuit will say in the combined Chicago cases. Should the 7th take
judicial notice of the "persuasive precedent" (but not binding precedent) of the 9th and incorporate, it will be another huge win.
The 5th Circuit has all but incorporated and it won't take much to push them over, if a case comes their way and the 9th and 7th have incorporated. The D.C. Circuit has already been affirmed by the SCOTUS with the
Heller decision, so it is binding upon the entire Federal Government.
So what exactly is so grand about this?
Even though there is nothing within the California Constitution about the RKBA, it is now a fundamental right. For all Californians.
A Californian who is denied issuance of a concealed carry permit under that States "may issue" laws, now have standing to challenge the law (the decision beat
Hickman v Block into dust).
I'm sure that those of you in CA, can think of all kinds of laws this may affect over a period of time!
Since this was a three judge panel, wherein all the judges agreed, it is instructive by what Judge Gould (a Clinton appointee) wrote:
"Also, important governmental interests will justify reasonable regulation of rifles and handguns, and the problem for our courts will be to define, in the context of particular regulation by the states and municipalities, what is reasonable and permissible and what is unreasonable and offensive to the Second Amendment."
What I highlighted above is where it begins.
Several goods blogs on the Volokh Conspiracy page.
David Kopel has a 16 minute
Podcast on Nordyke v. King.
To read the rest of the Volokh blogs,
click here.
raimius said:
Did anyone notice they determined "sensitive places" (from Heller) can be applied to virtually any public area where people are expected to congregate. That might be a major problem for extending carry rights!
Short sighted. Try thinking in terms of the First!
Interesting side note to all of this. Not a single major newspaper of television station has the news of this extraordinary decision. Even the Brady Bunch is silent.
This should be a very telling point to everyone about the "agenda" of the MSN.