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.https://leagle.com/images/logo.png
Re-argued and Re-submitted October 19, 2010.
Filed May 2, 2011.
Opinion Issued April 20, 2009.
Opinion Withdrawn July 29, 2009.
Reheard En Banc September 24, 2009.
Remanded to Panel July 12, 2010.
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 brief. Don B. Kates , Battleground, WA, was also on the brief.
Sayre Weaver , Richards, Watson & Gershon, Los Angeles, CA, argued the cause for the defendants-appellees and filed the brief. Richard E. Winnie , County Counsel, Alameda County, CA, T. Peter Pierce , Richards, Watson & Gershon, Los Angeles, CA, and Veronica S. Gunderson , Richards Watson & Gershon, Los Angeles, CA, were also on the brief.
Paul D. Clement , Jeffrey S. Bucholtz , and Adam Conrad , King & Spalding, LLP, Washington, D.C., filed a brief on behalf of amicus curiae the National Rifle Association of America, Inc., in support of the plaintiffs-appellants.
Alan Gura , Gura & Possessky, PLLC, Alexandria, VI, filed a brief on behalf of amicus curiae the Second Amendment Foundation, Inc., in support of the defendants-appellees.
C.D. Michel , Michel & Associates, PC, Long Beach, CA, Glenn S. McRoberts , Michel & Associates, PC, Long Beach, CA, and Stephen P. Halbrook, Law Offices of Stephen P. Halbrook, Fairfax, VI, filed a brief on behalf of amicus curiae the California Rifle & Pistol Association, in support of the plaintiffs-appellants.
Jonathan E. Lowy , Brady Center to Prevent Violence, Washington, D.C., and Gil N. Peles , Proskauer Rose LLP, Los Angeles, CA, filed a brief on behalf of amicus curiae Brady Center to Prevent Gun Violence, in support of the defendants-appellees.
Charles M. Dyke , Nixon Peabody LLP, San Francisco, CA, filed a brief on behalf of amici curiae the Legal Community Against Violence, California Peace Officers' Association, California Police Chiefs' Association, California State Sheriffs' Association, City of Oakland, City and County of San Francisco, Violence Policy Center, and Youth Alive!, in support of the defendants-appellees.
Before: ARTHUR L. ALARCÓN, DIARMUID F. O'SCANNLAIN and RONALD M. GOULD, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
O'SCANNLAIN, Circuit Judge:
We must decide whether the Second Amendment prohibits a local government from banning gun shows 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 from pistols to rifles. Since 1991, the Nordykes have promoted numerous shows across the state...
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