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NORDYKE v. KING

No. 99-17551.

319 F.3d 1185 (2003)

Russell Allen NORDYKE; Ann Sallie Nordyke, dba TS Trade Shows; Jess B. Guy; Duane Darr; William J. Jones; Daryl David; Tasiana Wertyschyn; Jean Lee; Todd Baltes; Dennis Blair; R.A. Adams; Roger Baker; Mike Fournier; Virgil McVicker, Plaintiffs-Appellants, v. Mary V. KING; Gail Steele; Wilma Chan; Keith Carson; Scott Haggerty, County of Alameda; The County of Alameda Board of Supervisors, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated, Certified September 12, 2000.

Certified Question Decided June 26, 2002.

Supplemental Briefing Ordered September 6, 2002.

Resubmitted February 11, 2003.

Filed February 18, 2003.

Attorney(s) appearing for the Case

Donald E.J. Kilmer, Jr., Law Offices of Donald Kilmer, San Jose, CA, argued the cause and filed briefs for the appellants.

Sayre Weaver, Richards, Watson, & Gershon, San Francisco, CA, argued the cause for the appellees; Richard Winnie, County Counsel, County of Alameda, was on the briefs.

C.D. Michel, Trutanich Michel, LLP, San Pedro, CA, and Stephen P. Halbrook, Law Offices of Stephen P. Halbrook, Fairfax, VA, were on the brief for amicus curiae National Rifle Association of America, Inc.

Before: ALARCÓN, O'SCANNLAIN and GOULD, Circuit Judges.

Submission Vacated, Certified to California Supreme Court September 12, 2000.

Certified Question Decided by California Supreme Court June 26, 2002.

Opinion by Judge O'SCANNLAIN; Concurrence by Judge GOULD.

O'SCANNLAIN, Circuit Judge.

We must decide whether a local ordinance prohibiting the possession of firearms on county property infringes upon constitutional rights protected by the First and Second Amendments.

I

Russell...

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