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Quote of the Day - On any given weekend, there's a gun show going on someplace. In the greater Kansas City area, there's probably one to two gun shows in any given month. - Kevin Jamison
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Guns And Scots - The Ninth Circuit Takes A Second Look At Gun Ban At Alameda County Fair

The Scottish Caledonian Games at the Alameda Fairgrounds is a sight to behold.  From dinner with Mary Queen of Scots to whisky tasting (yes, it's without the "e") to historical reenactments, its a wonderful event.

Why then would the Scottish Caledonian Games cross swords - so to speak - with a gun show at the Alameda Fairgrounds?  You can thank the Second (right to bear arms) and the Fourteenth (equal protection) Amendments of the United States Constitution.

Huh?

That's right.  Here's the setup according to the Courthouse News Service, "Russell and Ann Nordyke, owners of TS Trade Shows, asked [Alameda] county to grant them the same exception it made for the Scottish Caledonian Games, whose participants reenact historic battles using period firearms loaded with blanks." The Nordykes put on a gun show where citizens could come and buy and sell guns. 

Now it makes sense.  What's good for one is supposedly good for one is good for the other - that's the basic premise of the equal protection clause in the Fourteenth Amendment.  But Alameda County refused to grant the exception to the Nordykes for the gun show because unfortunately there was a shooting at the gun show last year.  At the same time, however, the County allowed the Scottish Caledonian Games to proceed, so the Nordykes filed an appeal, which ultimately got upheld by the Ninth Circuit Court of Appeals

The Nordykes argued the holding in the Heller case, which was the first time the U.S. Supreme Court held that the Second Amendment's right to bear arms applied to individuals instead of the actual wording in the amendment, which appeared to grant that right only to state militias.  Heller is the law of the land and the Nordykes asked if it's good enough for the Scots, why isn't it good enough for us?

The Ninth Circuit's opinion pointed out that Heller contained an exception for "laws forbidding the carrying of firearms in sensitive places," and Alameda County could justifiably ban the gun show from the fairgounds.  But the Ninth Circuit just issued an order that it will rehear the Nordyke's case and reconsider its ruling.

Look for one of two results:  either the County's ban on the Scottish Caledonian Games historical reenactments using guns or the Ninth Circuit's allowing the Nordykes to hold their gun show.  How would you vote?

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Saturday, August 01, 2009 at 10:17 Comments Closed (0) |
 
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