Sunday, July 11, 2010

Update on Nordyke Case

From, it is reported that Nordyke's counsel of record, Donald Kilmer, has filed a 28j letter with the Ninth Circuit Court of Appeals.

A "28j letter" informs a court that has a pending decision before it of new relevant decisions that could impact their decision. In this case, the relevant decision is McDonald v. Chicago.

Kilmer notes in his letter that the controlling opinions in McDonald placed great emphasis on Congressional interpretations of fundamental rights as shown by statutory language. He then notes that the Protection of Lawful Commerce in Arms Act recognizes that the Second Amendment protects more than just the mere possession of a handgun in the home. He concludes that since Alameda County has produced no evidence that banning gun shows on their fairgrounds will reduce crime or that it is a sensitive place, then the court should force the county to meet it constitutionally required burden and allow gun shows on the fairgrounds.

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