Nordyke is out!

[elenius]

http://www.ca9.uscourts.gov/datastor...20/0715763.pdf

[Pvt. Cowboy]

Boned, it appears.

[CCWFacts]

So what does it mean? It says that the Nordykes shouldn't have been able to amend their case, and therefore they don't need to rule based on the 2A, but they still think the 2A is incorporated? So the case is over and we don't get incorporation from it? Or? I don't get it.

And they cite Cruikshank like it's a reasonable decision!

At least they say that Hickman has "evaporated". That is good because that's the case that said, "you can't get a CCW based on the 2A", which opens that up to litigation again.

[GM4spd]

Looks like a loser to me. The Incorporation part looks like a maybe but if you believe the Incorporation is going to result in a change of present CA guns laws I wouldn't bank on it. Pete

[JDoe]

What does this mean on page 41? Is the 2nd incorporated or what?

For the foregoing reasons, we AFFIRM the district court’s
grant of summary judgment to the County on the Nordykes’
First Amendment and equal protection claims and, although
we conclude that the Second Amendment is indeed incorporated
against the states, we AFFIRM the district court’s
refusal to grant the Nordykes leave to amend their complaint
to add a Second Amendment claim in this case.

[nat]

My first scroll through quickly..........it looks like we got incorporation?

[adamsreeftank]

Looks to me like the Nordykes lost but the incorporation battle was won.

[mecam]

4508
NORDYKE v. KING

Nordykes have not argued that they could meet the exception’s
requirement that firearms be secured whenever an
authorized participant is not actually using them. No wonder.
They have admitted that the very nature of gun shows, in
which vendors show weapons to prospective buyers and
admirers, makes it impossible.
[22] We conclude that the Nordykes are not situated similarly
to the Scottish Games in that they cannot meet the safety
requirements of the exception. The district court was therefore
correct to award the County summary judgment on this claim
as well.
V
For the foregoing reasons, we AFFIRM the district court’s
grant of summary judgment to the County on the Nordykes’
First Amendment and equal protection claims and, although
we conclude that the Second Amendment is indeed incorporated
against the states, we AFFIRM the district court’s
refusal to grant the Nordykes leave to amend their complaint
to add a Second Amendment claim in this case.

AFFIRMED.

[sorensen440]

Originally Posted by adamsreeftank

Looks to me like the Nordykes lost but the incorporation battle was won.

This is my understanding as well

[tango-52]

A quick scan indicates that we do get incorporation, but that the Nordykes lose on procedural grounds.