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View Full Version : Nordyke and 2nd Amendment Incorporation in the Media *Post here*


1BigPea
04-20-2009, 9:34 PM
With the amount posts in the Nordyke thread I thought it would be a good idea to separate out the press and media coverage regarding the decision today.

I'll start...

4/20/09 There was a brief segment on Lou Dobbs Tonight that featured the decision of the uber liberal 9th Circuit Court in our favor. It was all of 1 minute long maybe...

I hope to see this thread grow in a positive light for us here in CA. :thumbsup:

Bill_in_SD
04-20-2009, 10:10 PM
http://www.scotusblog.com/wp/second-amendment-extended/

Picked up by SCOTUS Blog.

lioneaglegriffin
04-20-2009, 10:44 PM
Reuters

http://www.reuters.com/article/pressRelease/idUS202874+20-Apr-2009+PRN20090420

Ninth Circuit Rules 2nd Amendment Incorporated to States
Mon Apr 20, 2009 5:00pm EDT

BELLEVUE, Wash., April 20 /PRNewswire-USNewswire/ -- The Second Amendment
Foundation today applauded the U.S. Ninth Circuit Court of Appeals in San
Francisco for ruling that the Second Amendment is incorporated against the
states and local governments.

The majority opinion was written by Judge Diarmuid F. O'Scannlain, with a
concurring opinion from Judge Ronald M. Gould, who wrote, "The right to bear
arms is a bulwark against external invasion...That we have a lawfully armed
populace adds a measure of security for all of us and makes it less likely
that a band of terrorists could make headway in an attack on any community
before more professional forces arrived."

Although the court found against the plaintiffs in the case of Nordyke v. King
- Russell and Sallie Nordyke, operators of a gun show in Alameda County, CA -
the court acknowledged that its earlier position that the Second Amendment
protected only a collective right of states has been overruled by the Supreme
Court's 2008 historic ruling in District of Columbia v. Dick Anthony Heller.
That was the case in which the high court ruled that the Second Amendment
protects an individual civil right to keep and bear arms.

"This is a great victory for advancement of the fundamental individual right
of American citizens to own firearms," said SAF founder Alan Gottlieb. "The
Ninth Circuit panel has acknowledged that the Heller ruling abrogated its
earlier position on the Second Amendment, and it further clarified that the
Second Amendment is incorporated to the states through the Fourteenth
Amendment through the due process clause."

SAF attorney Alan Gura, who successfully argued the Heller case before the
Supreme Court in March 2008, filed an amicus brief in the Nordyke case. The
Nordykes sued when Alameda County banned gun shows at the county fairgrounds
by making it illegal to bring or possess firearms or ammunition on county
property.

"The Heller ruling in 2008 was the first critical step toward full restoration
of the individual citizen's right to keep and bear arms to its rightful
position as a cornerstone of the Bill of Rights," Gottlieb observed. "This
victory in the Ninth Circuit not only reinforces the Heller ruling, it expands
upon it."

The Second Amendment Foundation (www.saf.org) is the nation's oldest and
largest tax-exempt education, research, publishing and legal action group
focusing on the Constitutional right and heritage to privately own and possess
firearms. Founded in 1974, The Foundation has grown to more than 600,000
members and supporters and conducts many programs designed to better inform
the public about the consequences of gun control.


SOURCE Second Amendment Foundation

Alan Gottlieb of the Second Amendment Foundation, +1-425-454-7012

gcvt
04-20-2009, 10:46 PM
If this was a thread about gun control in the media today it'd be 5 pages long by now. Interesting, huh? ;)

Bill_in_SD
04-20-2009, 10:52 PM
Digg it!

http://digg.com/political_opinion/Ninth_Circuit_incorporates_Second_Amendment

lioneaglegriffin
04-20-2009, 10:56 PM
If this was a thread about gun control in the media today it'd be 5 pages long by now. Interesting, huh? ;)

its Columbine day Shush no pro-gun news.

cousinkix1953
04-20-2009, 11:02 PM
Lou Dobbs is just about the only one (on national TV) who covers 2A related news on a regular basis any more.

Forget about the so-called conservative GOP FOX news channel too. They don't much care about your rights, unless they can use a gun story against Obama.

There is nothing on any of those local newscasts about Nordyke either. Don't expect to see it, after you deluge news directors with a bunch of free copies of the court's decision. Lawyerese is too complicated for their feeble minds...

Dr Rockso
04-20-2009, 11:31 PM
I don't really care whether this gets media attention. They're likely to turn it into a hit-piece, anyway. I'm happy to just let the gears turn in silence for a while.

Dark&Good
04-20-2009, 11:47 PM
Well, I'd like to post the news on my webpage... but I'm worried about composing it incorrectly. Do you think I can just insert the Reuters article? Or would that be "copyright infringement"?

bwiese
04-20-2009, 11:53 PM
The backstabbings have begun in the antigun world.

A statement was shown to me on someone's smartphone, quoting an LCAV type as saying (approximately) "...they had told Alameda not to appeal..." Can't remember the origin though, sorry..

cousinkix1953
04-21-2009, 12:13 AM
Well, I'd like to post the news on my webpage... but I'm worried about composing it incorrectly. Do you think I can just insert the Reuters article? Or would that be "copyright infringement"?
There is no copyright violation if you just post a link to the court's decision. There should be a downloadable PDF copy of it on their own website before too long...

lioneaglegriffin
04-21-2009, 12:18 AM
The backstabbings have begun in the antigun world.

A statement was shown to me on someone's smartphone, quoting an LCAV type as saying (approximately) "...they had told Alameda not to appeal..." Can't remember the origin though, sorry..

oh well, i dont think anyone expected to ride anti stupidity forever.

Dark&Good
04-21-2009, 12:45 AM
All right, I just posted all of these articles. And now, off to sleep. I'll have the sweetest dreams :D

Liberty1
04-21-2009, 1:00 AM
The backstabbings have begun in the antigun world.

A statement was shown to me on someone's smartphone, quoting an LCAV type as saying (approximately) "...they had told Alameda not to appeal..." Can't remember the origin though, sorry..

from SFGATE: Sam Hoover, an attorney with Legal Community Against Violence, which supports gun regulation, said the court had needlessly opened the door to challenges of other state and local laws.

haha :p LACV

jwest
04-21-2009, 1:22 AM
+1 Lou Dobbs for airing the story - that's where I saw it first - then took a look here for discussion. Definite step in the right direction.

KWA-S
04-21-2009, 1:36 AM
Lou Dobbs is awesome. His is the only news show I watch anymore. Hes the only one who discusses our rights, has admitted to owning and shooting guns on air, asks the right questions (read: the ones I think of when hearing about the story), has well moderated discussions (read: not giant yelling fights), and pretty much shares many similar positions as me. I catch his 1-2AM PST show every day, and people here think I'm crazy. (After voting the messiah in, they lost all interest and touch in politics, and think that cartoons are preferable to news... :censored: college libs)

johnny_22
04-21-2009, 6:44 AM
I thought this would be as big a story as Heller.

yellowfin
04-21-2009, 6:51 AM
I thought this would be as big a story as Heller.
It wasn't a Supreme case, wasn't well publicized in advance, and is difficult for the uninformed to understand, so it doesn't work too well in the 10 second soundbyte framework.

elenius
04-21-2009, 6:56 AM
The backstabbings have begun in the antigun world.

A statement was shown to me on someone's smartphone, quoting an LCAV type as saying (approximately) "...they had told Alameda not to appeal..." Can't remember the origin though, sorry..

Appeal what? They never lost.

1BigPea
04-21-2009, 7:46 AM
I'll be looking around today on the Socal news broadcasts to see if I see anything on Nordyke.

Last night I was hopeful, today I'm doubtful, but hey, we won, that's the important part.

HunterJim
04-21-2009, 7:54 AM
Jim Shepherd sent out this article on his The Outdoor Wire for April 21st...jim
---------------------------
FEATURE
A Win On The Second Amendment
One of the country's most liberal United States Circuit Courts has ruled that the Second Amendment of the Constitution is incorporated into the Constitution through the Fourteenth Amendment.

Without too-much legal jargon, the decision essentially means that last year's Heller Decision by the Supreme Court is being accepted and integrated into the interpretation of cases relating for individual firearms ownership questions.

The majority opinion was written by Judge Diarmuid F. O'Scannlain, with a concurring opinion from Judge Ronald M. Gould, who wrote, "The right to bear arms is a bulwark against external invasion...That we have a lawfully armed populace adds a measure of security for all of us and makes it less likely that a band of terrorists could make headway in an attack on any community before more professional forces arrived."

For Russell and Sally Nordyke, the plaintiffs in the lawsuit, it might be a bittersweet victory. The court found against them in their lawsuit against Alameda County, California for effectively banning gun shows at the county fairgrounds by making it illegal to bring or possess firearms or ammunition on county property. That regularion was upheld by the Ninth, but the three-judge panel also recognized that an earlier interpretation of the Second Amendment as only a collective right of states had been overturned by the Supreme Court in the Heller Decision.

In the ruling, the Ninth also ruled their earlier position on the Second Amendment was abrogated by the Heller ruling. It also expanded the interpretation of the high court by writing that the Second Amendment was extended to the Fourteenth Amendment's due process clause.

The long-term impact of the Ninth's ruling remains to be seen. But it may be one of those decisions that, while lacking the overall importance of the Supreme Court's overturning of the District of Columbia's long-standing gun ban, will have the effect of giving further legal precedent to the individual interpretation. And any additional reinforcement of the individual interpretation weakens the already flimsy arguments advanced by many anti-gun groups in their litigation.

Here is a portion of the Ninth Circuit's interpretation:

We therefore conclude that the right to keep and bear arms is "deeply rooted in this Nation's history and tradition." Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the "true palladium of liberty." Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited."

You can read the entire document by clicking here.

As always, we'll keep you posted.

- Jim Shepherd

shark92651
04-21-2009, 7:59 AM
Lou Dobbs is just about the only one (on national TV) who covers 2A related news on a regular basis any more.

Forget about the so-called conservative GOP FOX news channel too. They don't much care about your rights, unless they can use a gun story against Obama.

There is nothing on any of those local newscasts about Nordyke either. Don't expect to see it, after you deluge news directors with a bunch of free copies of the court's decision. Lawyerese is too complicated for their feeble minds...

Really? Wayne LaPierre has been on Glen Beck's program twice in the last couple weeks. Fox also did a good job lambasting that "90% of the guns in Mexico come from America" BS not too long ago. I like Lou Dobbs, but his pro-gun stance is an anomoly at CNN. We need more like him and Beck, no doubt.

cousinkix1953
04-21-2009, 8:12 AM
The difference is that Lou Dobbs is on 5 days of the week. He has a personal interest in 2A news items, whether or not somebody from the NRA makes occasional appearances on his shows.

Glenn Beck is better than most of the other faces on the conservative FOX News Channel...

ilbob
04-21-2009, 8:13 AM
I thought this would be as big a story as Heller.

It is.

But I don't think the MSM has quite figured out what to say about it.

I don't think they understand just how much the RTKBA has been infringed. When they start to realize the scope of the infringements, the magnitude of the decision is going to hit them.

AlexDD
04-21-2009, 8:17 AM
"DOBBS: A major victory tonight for our individual rights to bear arms. The ninth circuit court of appeals rules that states must obey the second amendment of the U.S. constitution. The ninth circuit saying states cannot create their own gun laws violating the second amendment. June Ronald Gould wrote, quote, the right to bear arms is a bulwark against external invasion. That we have a lawfully armed populace adds a measure of security for all of us and makes it less likely that a band of terrorists could make head way in an attack on any community. The ninth circuit generally considered very liberal, in fact the most liberal in the country concluded that the second amendment of the constitution is a fundamental right..."

http://transcripts.cnn.com/TRANSCRIPTS/0904/20/ldt.01.html

Barbarossa
04-21-2009, 8:43 AM
Nothing on Fox 2 or ABC 7, news last night (6:00).

I was a bit disappointed.

ZRX61
04-21-2009, 9:06 AM
Hopefully Beck picks it up today...

1BigPea
04-21-2009, 9:27 AM
Hopefully Beck picks it up today...

Yah, that would be nice...

DDT
04-21-2009, 9:32 AM
I suspect that many in the MSM don't understand that incorporation is any different than Heller. They assume that the BoR and the other amendments are automatically held against the states.

While some of the antis were using incorporation in their "Heller isn't as bad as everyone thinks it is for us" soundbites the MSM just re-printed and didn't GROK the actual implications nor will they understand the implications of Nordyke.

Nordyke will be seen by the MSM as a "little sister" to Heller but we all know that it is really the beginning of getting the "other" 300 Million Americans the rights that Heller gave those living in D.C.

1BigPea
04-21-2009, 5:36 PM
Just got a text from a buddy to turn on Lou Dobbs. Caught the more in depth decision regarding Nordyke. It talks a lot more about the decision than yesterday's broadcast.

You can catch it again at 9pm.

Anyone else see anything on the mainstream today?

1BigPea
04-21-2009, 7:56 PM
Bump


Watch Lou Dobbs at 9 tonight...Nordyke is on at half past the hour.

n2k
04-21-2009, 8:06 PM
Lou Dobbs Online:
http://www.cnn.com/video/#/video/bestoftv/2009/02/26/ldt.tucker.second.amend.cnn

ojisan
04-21-2009, 8:26 PM
Bump


Watch Lou Dobbs at 9 tonight...Nordyke is on at half past the hour.


Thanx! :D

KWA-S
04-22-2009, 2:05 AM
I thought it was kind of funny how Lou was like "...upholding your gun rights from a VERY UNLIKELY PLACE...the Ninth Circuit Court of Appeals."

Also, how they talked about which states have the RKBA and what "sensitive area" means.

Racefiend
04-22-2009, 8:22 AM
I'll be interested to see if Judge Napolitano mentions it today.

johnny_22
04-22-2009, 9:21 AM
"In the landmark case D.C. v. Heller, the Supreme Court last June ruled that the Second Amendment protects an individual, not collective, right to own firearms. However, Heller restricted government power only on the federal level, leaving open the question of whether states could go further in regulating guns.

This week, a federal court provided an encouraging answer.

A three-judge panel of the Ninth Circuit Court of Appeals - often viewed as perhaps the nation's most liberal appeals court - ruled Monday that the 14th Amendment "incorporates" the Second Amendment against the states, just as the Supreme Court has found it to do for most of the Bill of Rights."

http://www.newsherald.com/articles/court_73582___article.html/amendment_second.html

Slowly the word is getting out.

Librarian
04-22-2009, 12:15 PM
LA Times is still burying its head in the sand. :43:

lioneaglegriffin
04-22-2009, 1:14 PM
LA Times is still burying its head in the sand. :43:

i want my ****ing paper!

yellowfin
04-22-2009, 1:31 PM
LA Times is still burying its head in the sand. :43: SJ Mercury too.

Nanook
04-22-2009, 2:18 PM
http://fzlives.com/Pictures/APnordyke.png

1BigPea
04-22-2009, 2:26 PM
Same with Orange County Register...

Nada...

cousinkix1953
04-22-2009, 6:57 PM
Same with Orange County Register...

Nada...
And they are supposed to be the nation's premiere LIBERTARIAN newspaper, which claims to support the biggest of the pro 2nd Amendment political parties.

That San Francisco Chronicle story and Lou Dobbs are the only places to even mention Nordyke outside of the gun related websites and press...

1BigPea
04-22-2009, 8:37 PM
And they are supposed to be the nation's premiere LIBERTARIAN newspaper, which claims to support the biggest of the pro 2nd Amendment political parties.

That San Francisco Chronicle story and Lou Dobbs are the only places to even mention Nordyke outside of the gun related websites and press...

Exactly why I kept checking them daily this week. Nothing...

Not surprising though...now-a-days. :rolleyes:

cousinkix1953
04-22-2009, 8:40 PM
Why are they hiding the truth, if Libertarians believe that ordinary citizens have the right to own a gun? This makes zero sense...