Wednesday, July 14, 2010

Request for Supplemental Briefing in Nordyke Case

Gene Hoffman of the CalGuns Foundations reports that the attorney for Nordyke, Donald Kilmer, has filed a request with the 9th Circuit for a supplemental briefing.

Kilmer argues in his brief that:
Among other issues that were resurrected in this case by
McDonald, the County has never proffered any evidence that the
fairgrounds is a sensitive place. Because the Supreme Court was
unequivocal in its pronouncement that the Second Amendment is a
fundamental right – that must now be respected by state and local
governments – it is imperative that this Court put the County to its
constitutional burdens of producing evidence (rather than conclusory
statements) that they are addressing a compelling government interest
and that the County’s means are narrowly tailored to that interest.

I don't know whether they will allow this supplemental briefs or not. However, Kilmer does put in a wonderful footnote that just flat out sticks it to California and to Alameda County.
It is late in the game for either the County of Alameda (or the State of California for that matter) to claim that they “know” what the scope of the Second Amendment is, when they have maintained all along that it is a meaningless
anachronism that does not define a fundamental right.

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