Nordyke, et al v. King, et al, No. 07-15763 (9th Cir. 2011)
Annotate this CasePlaintiffs, operators of a business that promoted gun shows throughout California, sued the County of Alameda and county officials alleging that a county ordinance, which made it a misdemeanor to bring onto or to possess a firearm or ammunition on county property, violated their Constitutional rights. At issue was whether the Second Amendment prohibited a local government from banning gun shows. Also at issue was whether the district court properly granted summary judgment on plaintiffs' First Amendment and Equal Protection claims. The court initially held that only regulations which substantially burden the right to keep and to bear arms triggered heightened scrutiny under the Second Amendment. Therefore, the court held that to the extent the district court's leave to amend was with prejudice, it must be vacated where plaintiffs could still be able to allege sufficient facts to state that the ordinance substantially burdened their right to keep and to bear arms under the Second Amendment. The court also held that summary judgment was properly granted on plaintiffs' First Amendment claim where the ordinance passed the United States v. O'Brien test. The court further held that summary judgment was properly granted on plaintiffs' Equal Protection claim where plaintiffs' claim would fail so long as the ordinance's distinction between military reenactments and gun shows were rational.
This opinion or order relates to an opinion or order originally issued on April 20, 2009.
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