NORDYKE v. KING

No. 07-15763.

563 F.3d 439 (2009)

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

United States Court of Appeals, Ninth Circuit.

Filed April 20, 2009.


Attorney(s) appearing for the Case

Donald E. Kilmer, Jr., Law Offices of Donald Kilmer, San Jose, CA, argued the cause for the plaintiffs-appellants and filed the briefs. Don B. Kates, Esq., Battleground, WA, was also on the supplemental briefs.

T. Peter Pierce, Richards, Watson & Gershon, Los Angeles, CA, argued the cause for the defendants-appellees and was on the briefs. Richard E. Winnie, County Counsel, Alameda County, CA; Sayre Weaver and Veronica S. Gunderson, Richards Watson & Gershon, Los Angeles, CA, were also on the brief.

C.D. Michel, Trutanich-Michel, LLP, Long Beach, CA, filed a brief on behalf of amici curiae the National Rifle Association of America, Inc., and the California Rifle & Pistol Association. Stephen P. Halbrook, Law Offices of Stephen P. Halbrook, Fairfax, VA, was also on the brief.

Tracy Duell-Cazes, Law Offices of Tracy Duell-Cazes, San Jose, CA, filed a brief on behalf of amici curiae Professors of Law.

Vanessa A. Zecher, Law Offices of Vanessa A. Zecher, San Jose, CA, filed a brief on behalf of amici curiae Professors of Law, History, Political Science, or Philosophy.

Alan Gura, Gura & Possessky, PLLC, Alexandria, VA, filed a brief on behalf of amicus curiae Second Amendment Foundation, Inc.

Jordan Eth, Morrison & Foerster LLP, San Francisco, CA, filed a brief on behalf of Amici Curiae the Legal Community Against Violence, City of Oakland, City and County of San Francisco, Brady Center to Prevent Gun Violence, California Peace Officers' Association, California Police Chiefs Association, California State Sheriffs' Association, Coalition to Stop Gun Violence, Violence Policy Center, and Youth Alive!. Jacqueline Bos and Angela E. Kleine, Morrison & Foerster LLP, San Francisco, CA, were also on the brief.

Before: ARTHUR L. ALARCÓN, DIARMUID F. O'SCANNLAIN, and RONALD M. GOULD, Circuit Judges.


Opinion by Judge O'Scannlain; Concurrence by Judge Gould

O'SCANNLAIN, Circuit Judge:

We must decide whether the Second Amendment prohibits a local government from regulating gun possession on its property.

I

A

Russell and Sallie Nordyke operate a business that promotes gun shows throughout California. A typical gun show involves the display and sale of thousands of firearms, generally ranging...

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