Difference between revisions of "Nordyke v. King"

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== Calguns discussions ==  
== Calguns discussions ==  
* [http://www.calguns.net/calgunforum/showthread.php?p=7577326&posted=1#post7577326 Nordyke v. King update: 9th Circuit to Rehear En Banc (Order Nov 28 2011)]
* [http://www.calguns.net/calgunforum/showthread.php?p=7104928 Nordyke: Request for Rehearing and Rehearing En Banc] May, 2011
* [http://www.calguns.net/calgunforum/showthread.php?p=7104928 Nordyke: Request for Rehearing and Rehearing En Banc] May, 2011
* [http://www.calguns.net/calgunforum/showthread.php?t=427991 NORDYKE OPINED MAY 2] May, 2011
* [http://www.calguns.net/calgunforum/showthread.php?t=427991 NORDYKE OPINED MAY 2] May, 2011

Revision as of 03:08, 29 November 2011


Nordyke v. King is a case challenging an effective ban on gun shows on county property by the county of Alameda.


PACER case number 07-15763 filed in U.S. Court of Appeals for the Ninth Circuit (San Francisco).

Nordyke VI

November 28, 2011 Update: Order to re-hear En Banc
  • November 28, 2011: no deadline set for additional filings, no date set to hear oral arguments.
  • July 18, 2011, Appellants filed a Leave to file Reply Brief in Support of Rehearing for En Banc
  • July 11, 2011, Appellees filed a response to Combo PFR Panel and En Banc rehearing.

Nordyke V

  • May 2, 2011 - Nordyke V Opinion is released. Nordyke loses and is sent back to district court to argue the second amendment claim. If no other action is taken, this will reset the timeline approximately another two years.
  • October 19, 2010 - Oral Arguments heard at 1:30 PM at the James M. Browning Courthouse in San Francisco. Recording of the arguments here.
  • September 9, 2010 Oral arguments scheduled for October 19, 2010 at 1:30 PM at the James M. Browning Courthouse in San Francisco.
* Amicus Brief of the CRPA Foundation;
* Amicus Brief of the NRA;
* Amicus Brief of the Calguns Foundation;
* Brief on behalf of the Nordykes;
* Amicus Brief of LCAV;
* Amicus Brief of SAF;
* Amicus Brief of Gun Owners of California, Inc.;
* Brief on behalf of the County of Alameda
* Amicus Brief of Brady Center
  • August 17, 2010 - CRPAF files a brief. Calgunlaws.com (C.D. Michel) would appreciate it if you would register there so you may receive updates in the future.

Nordyke IV - VACATED -

  • July 12, 2010 - 9th Circuit en banc panel files an order stating
The panel opinion in Nordyke v. King, 563 F.3d 439 (9th Cir. 2009), is 
vacated and the case is remanded to that panel for further consideration
in light of McDonald v. City of Chicago, No. 08-1521, slip op. (U.S.
June 28, 2010).
  • July 9, 2010 - Don Kilmer files a "28J" letter with 9th Circuit asking that the McDonald decision be considered in the en banc proceeding.
  • September 24, 2009 - The en banc panel heard oral arguments in the morning. Later in the afternoon, the panel vacated the submission, effectively deferring to SCOTUS for a resolution of McDonald v. City of Chicago.
  • September 14,2009 - The en banc panel has been set: Chief Judge Kozinski, Pregerson, Reinhardt, O'Scannlain, Rymer, Hawkins, Graber, Gould, Tallman, M. Smith, Ikuta.
  • August 21, 2009 - Oral argument set for 10:00 am Thursday, September 24, in Courtroom One at the James R. Browning Courthouse, located at 95 Seventh Street in San Francisco, California.
  • July 29, 2009 - Judge Kozinski filed an order that the case will be heard en banc. Oral argument to be the week of September 21, 2009. Further status from the 9th Circuit at this link.
  • June 8, 2009 - Alameda files its en banc brief.
  • May 18, 2009 - Late the afternoon of Monday May 18th, the 9th Circuit informed all parties in Nordyke that a judge of the 9th Circuit has has called for a vote to determine whether the case will be reheard en banc.

Nordyke IV

Nordyke III

Nordyke II

Nordyke I

Calguns discussions

Commentary and Analysis


In August 1999, Alameda County passed an ordinance making illegal the possession of firearms on County property. In pertinent part, the Ordinance reads: “Every person who brings onto or possesses on county property a firearm, loaded or unloaded, or ammunition for a firearm is guilty of a misdemeanor.” Alameda County, Cal., Ordinance § 9.12.120(b). The Ordinance would forbid the presence of firearms at gun shows held at the Fairgrounds. As a practical matter, the Ordinance makes it unlikely that a gun show could profitably be held there.

Russ and Sallie Nordyke who own the TS Trade Show and various gun rights supporters represented by Don Kilmer filed suit against the County of Alameda alleging that Alameda's Ordinance was preempted by state law and violated various of their First Amendment rights.

Nordyke v. King Historical Notes

This case has a long and convoluted history.

The case was filed in 1999. It has been heard by the Ninth Circuit [four] times, 
including en banc after a sua sponte call for a vote, and had even passed through 
the California Supreme Court on a certified question. Following the panel’s next 
decision, it could well return before the en banc court, and perhaps reach the Supreme Court.<ref name="Pena v. Cid Doc 27">Joint Status Report, Document 27 filed in Pena v. Cid</ref>

For a concise history lesson on this case, please read here or here

Old Nordyke v. King Wiki Historical Notes



External links