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Are there any unique California criminal laws that should now be subject to Heller attacks?

By Douglas A. Berman

As noted here at How Appealing, a unanimous Ninth Circuit panel today held in this opinionthat "the Second Amendment is indeed incorporated against the states."  And at the Volokh Conspiracy, Eugene Volokh already has this remarkable series of follow-up posts: Second Amendment Incorporated by Ninth Circuit Panel Why the Gun Show Organizers Nonetheless Lost their Case What Now for the Question Whether the Second Amendment is Incorporated Against State and Local Governments? Of course, Eugene and others who focus on all aspects of Second Amendment litigation will surely have a lot more useful insights and questions about this decision and its aftermath than I ever will.  But, regular readers can perhaps already predict the spin I have: this ruling means that California criminal defendants subject to prosecution for certain very broad state or local gun crimes may now have one less hurdle to overcome when arguing that Heller makes their state prosecution constitutionally problematic...continue to full post

Full post as published by Sentencing Law and Policy on April 20, 2009 (boomark / email).