Sneaking up on Incorporation

[Rex B]

Post-Heller, the cry arose for Incorporation of the 2nd Amendment, to clarify that it did indeed impose restrictions on State and local government.

It seems a couple of recent cases recognize the 2nd and being incorporated, mostly as a "By the way" rather than a thunderclap like Heller.

This is written by attorneys for a similar audience:

Second Amendment Incorporated by Ninth Circuit Panel, in Nordyke v. King. For those who count such things, the unanimous panel consists of a Reagan appointee (Judge O'Scannlain, who wrote), a Carter appointee (Judge Alarcon), and a Clinton appointee (Judge Gould).

http://volokh.com/archives/archive_2009 ... 1240247034" onclick="window.open(this.href);return false;

[srothstein]

What is also almost as important is that they recognized it as a fundamental right and stated that this was their reading of Heller. That could have a lot of import in the future.

And after doing both of those things (incorporation and fundamental right), they also ruled that the Alameda County supervisors could ban gun shows on county property, even if they allow guns in other events. Outstanding logic and honesty in their ruling (they admit that their previous ruling was overturned by Heller and adopt Heller fully), until they get to the part about the ban not being significant enough to be overturned as an infringement.

EDIT: I forgot to point out that the concurring opinion agrees withe everything but hastens to point out that even a fundamental right can be regulated by the government. He also brings up the old saw about no one would think nukes or chemical weapons would be arms under the Second Amendment. I guess he has never seen my old posts on that subject.

[Rex B]

I think we are back to "What part of Shall not be infringed do you not understand?"