Nordyke v. King

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Constitutional Law
  • Date Filed: 06-01-2012
  • Case #: 07-15763
  • Judge(s)/Court Below: En Banc; Circuit Judge Graber for the Court; Concurrence by Circuit Judge O'Scannlain; Concurrence by Circuit Judge Ikuta
  • Full Text Opinion

With respect to a gun show on county property, an ordinance may impose a restriction requiring firearms to be affixed to a table without violating the Second Amendment.

Russell and Sallie Nordyke (the “Nordykes”) sought to put on gun shows at the Alameda County (the “County”) fairgrounds, in violation of an ordinance prohibiting the possession of firearms on county property. The Nordykes brought suit against the County, alleging that the ordinance violated their Second Amendment rights. On appeal, the Ninth Circuit rejected the Nordykes’ claim. The County’s official interpretation of the ordinance provided that a gun show constituted an “event” excepted from the prohibition on firearm possession. The exception allowed a participant to possess a firearm on county property so long as the participant “lawfully uses the firearm as part of that...event,” and “provided that when such firearm is not in the [participant’s] actual possession, it is secured to prevent unauthorized use.” The County only required that the firearms be secured to a fixture, such as a table, “to prevent unauthorized use.” The Court credited the County’s “reasonable” interpretation, and concluded that it only minimally regulated the sale of firearms. As such, the regulation was permissible. AFFIRMED.

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