Skip to comments.Active day for 2A litigation
Posted on 10/16/2012 4:19:18 AM PDT by marktwain
Nordyke v. King -- which has been pending for 13 years now -- has a petition for cert. pending before the Supreme Court. Because the odds of granting cert. are low, the responding parties often waive their right to file a brief opposing the petition. Alameda County did just that -- but today the Court ordered them to respond. Prof. Volokh just emailed a reference to a law review article that notes that an order of that type raises the odds of cert. being granted by a factor of four -- from 4% to 16%. So Nordyke *may* be the next Supreme Court 2A ruling, and it's certain that the Supreme Court is at least open to another 2A case right now.
On another front, the 9th Circuit has consolidated for argument three right to arms cases, challenging California's "may issue" handgun permit system, and set the argument for Dec. 6.
discression should be discretion.
Quick! Somebody please post a picture of a rabbit with a pancake on its head - because I have no idea what you’re talking about.
For those that don’t know what Nordyke v. King is about, the Alameda County Board of Supervisors banned possession of a firearm or ammunition on all country property.
There is more, but you can easlily find it with a search on the name of the case.
Yes, the 9th can sometimes surprise. Given that the USSC has affirmed 2A a fundamental right the issue for the 9th could be place & time limitations. So be careful what you wish for. They might toss out discretion and force the state to create a shall-issue system but later limit carrying to the first Tuesday after the first Monday in November except if an election is being held that day somewhere in the state.