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Ninth Circuit Incorporates Second Amendment

By Calvin Massey

   The Ninth Amendment just decided Nordyke v. King.   In so doing the court ruled that the due process clause of the Fourteenth Amendment incorporates the individual Second Amendment right that was found to exist in DC v. Heller.  The Ninth Ciruit concluded that an individual right to firearms possession was deeply rooted in our national hsitory and tradition; thus, the Second Amendment guarantee applies to the states.  Alameda County, California enacted an ordinance forbidding firearms possession on county property, thus precluding private gun shows that had been held on the county fairgrounds.  Although the Second Amendment right applied to the county, its ordinance did not "directly impede the efficacy of self-defense" and so did not violate the right.  

Full post as published by The Faculty Lounge on April 20, 2009 (boomark / email).