Jody Hudson
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http://www.firstamendmentcenter.org/news.aspx?id=14147
Justices won't consider lifting county's gun-show ban
By The Associated Press
10.05.04
SAN FRANCISCO — The U.S. Supreme Court has let stand a lower court's ruling that upheld a local California ordinance banning weapons bazaars on government property such as fairgrounds.
The justices yesterday declined to review an unsuccessful challenge to a 1999 Alameda County ordinance banning gun shows on its property. The 9th U.S. Circuit Court of Appeals had sustained the ordinance on grounds that gun enthusiasts had neither a First Amendment nor Second Amendment right to possess weapons for sale on county property.
The high court's refusal to reconsider Nordyke v. King might lead to a host of similar ordinances across California, the nation's only state where municipalities bar gun shows on government property. Los Angeles, Marin and San Mateo counties already have adopted similar measures.
"It leaves that door open, obviously," said attorney Richard Gardiner, who filed a brief on behalf of the National Rifle Association urging the justices to review the case.
Representatives from at least 20 California cities and counties asked the 9th Circuit last year to uphold Alameda County's ordinance, which bars possession of firearms on municipal property.
That measure outlawed weapons outside county courthouses, government offices and health centers, while forbidding gun shows at the Alameda County fairgrounds if weapons were on the premises. Operators said it was impossible to hold gun shows without guns.
"You can't have a dog show without dogs," said Donald Kilmer, the attorney representing TS Trade Shows, which used to operate a gun show at Alameda County's fairgrounds before the ordinance was adopted.
Alameda County's rule, which does not ban gun sales on private property, was in response to a shooting at the county fairgrounds in Pleasanton in 1998. Following the ban, TS Trade Shows sued Alameda County and asked the Supreme Court to review it after the 9th Circuit shot down the group's suit.
Kilmer said he would try to keep the challenge alive on allegations that the ordinance violated gun enthusiasts' right of association.
The 9th Circuit based its decision upholding the ordinance on a 2002 case from the same circuit, one that upheld California's assault-weapons ban. Ruling 2-1, the 9th Circuit said the Second Amendment guarantees the right of the states to maintain armed militias but does not grant individuals the right to bear arms.
The Supreme Court declined to hear that case last year.
Richard Winnie, Alameda County's chief counsel, said he was pleased with yesterday's outcome. "This is a simple case of a county trying to protect its citizens and secure its property from danger," he said.
There are 2,500 licensed firearms dealers in California. The same 10-day waiting period for individuals to purchase weapons at a California gun store applies to weapons purchased in California's gun shows. Only licensed firearm dealers can sell weapons in the state. Convicted felons are banned from buying them.
Justices won't consider lifting county's gun-show ban
By The Associated Press
10.05.04
SAN FRANCISCO — The U.S. Supreme Court has let stand a lower court's ruling that upheld a local California ordinance banning weapons bazaars on government property such as fairgrounds.
The justices yesterday declined to review an unsuccessful challenge to a 1999 Alameda County ordinance banning gun shows on its property. The 9th U.S. Circuit Court of Appeals had sustained the ordinance on grounds that gun enthusiasts had neither a First Amendment nor Second Amendment right to possess weapons for sale on county property.
The high court's refusal to reconsider Nordyke v. King might lead to a host of similar ordinances across California, the nation's only state where municipalities bar gun shows on government property. Los Angeles, Marin and San Mateo counties already have adopted similar measures.
"It leaves that door open, obviously," said attorney Richard Gardiner, who filed a brief on behalf of the National Rifle Association urging the justices to review the case.
Representatives from at least 20 California cities and counties asked the 9th Circuit last year to uphold Alameda County's ordinance, which bars possession of firearms on municipal property.
That measure outlawed weapons outside county courthouses, government offices and health centers, while forbidding gun shows at the Alameda County fairgrounds if weapons were on the premises. Operators said it was impossible to hold gun shows without guns.
"You can't have a dog show without dogs," said Donald Kilmer, the attorney representing TS Trade Shows, which used to operate a gun show at Alameda County's fairgrounds before the ordinance was adopted.
Alameda County's rule, which does not ban gun sales on private property, was in response to a shooting at the county fairgrounds in Pleasanton in 1998. Following the ban, TS Trade Shows sued Alameda County and asked the Supreme Court to review it after the 9th Circuit shot down the group's suit.
Kilmer said he would try to keep the challenge alive on allegations that the ordinance violated gun enthusiasts' right of association.
The 9th Circuit based its decision upholding the ordinance on a 2002 case from the same circuit, one that upheld California's assault-weapons ban. Ruling 2-1, the 9th Circuit said the Second Amendment guarantees the right of the states to maintain armed militias but does not grant individuals the right to bear arms.
The Supreme Court declined to hear that case last year.
Richard Winnie, Alameda County's chief counsel, said he was pleased with yesterday's outcome. "This is a simple case of a county trying to protect its citizens and secure its property from danger," he said.
There are 2,500 licensed firearms dealers in California. The same 10-day waiting period for individuals to purchase weapons at a California gun store applies to weapons purchased in California's gun shows. Only licensed firearm dealers can sell weapons in the state. Convicted felons are banned from buying them.