Development in Nordyke v. King

[tomneal]

A little background.

A gun show was kicked out of the county owned convention center. Lawyers were hired...

When the Gun Rights Policy Conference was held in Houston around 5 years ago, one of the speakers was from California. He talked about developments in Nordyke v. King and people were surprised that a court case from the 90's was still working it's way through the court system. Well it's back in the news again because of McDonald v Chicago.





From David Hardy's web page:

http://armsandthelaw.com/

Posted by David Hardy · 12 July 2010 02:31 PM

Nordyke is the incredibly long-lived challenge to a California ban on gun shows at a county facility. A three-judge Ninth Circuit panel had ruled that the Second Amendment applies to the States via the 14th, but that the ban was limited and constitutional. Then the Circuit voted, as a whole, for en banc review (meaning in most circuits, that the entire group of judges votes on it, but in the oversized 9th Circuit, it means the chief judge and ten others chosen at random, do so).

Today, the en banc panel voted to remand the case to the three judge panel for a ruling in light of McDonald. I've never seen this done before.

Hat tip to reader Gene Hoffman of CalGuns.

UPDATE: the only reading I can see is that the panel ruling, while upholding the law, fired up some anti-RKBA judges who weren't on the panel -- and enough of them to win a vote on rehearing en banc, where they could have a shot at reversing the panel. Now with McDonald, they know they have no chance at changing things, and have given up.