Case Information: Nordyke v. King, No. 07-15763 (9th Cir., filed Oct. 2, 2008)
At issue: Challenging a county ordinance prohibiting the possession firearms and ammunition on county-owned property. This action was brought by gun show promoters to challenge an Alameda County ordinance prohibiting the possession of firearms and ammunition on county-owned property. Plaintiff-Appellant Nordyke appealed to the U.S. Court of Appeals for the Ninth Circuit, claiming that the ordinance prevents him from operating profitable gun shows on county fairgrounds, and challenging the ordinance on the ground that the Second Amendment to the U.S. Constitution grants to him a right to possess and sell guns on county property, following the U.S. Supreme Court decision in District of Columbia v. Heller, 128 S. Ct. 2783 (2008) (holding that the Second Amendment provides a right to possess a handgun in the home for self-defense).
Law Center’s Brief: Our brief, filed in support of Alameda County, argues that the county had the proper authority to adopt the ordinance, since the ordinance is not subject to the Second Amendment because, under Heller, the Amendment does not apply to state and local regulation. Furthermore, the brief claims that Heller recognized the right to possess firearms in the home for self-defense, not the right to profit from the commercial sale of guns.