Post by subdjoe on May 2, 2011 19:07:08 GMT -5
Nordyke v. King
Basically said that the RKBA is subject to intermediate scrutiny like "abortion rights." (which I still can't find protected in the BoR).
Looks like yet another one that will wend its way to SCOTUS in a few years.
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. Because the
Nordykes may still be able to allege sufficient facts to state
a Second Amendment claim, we VACATE the district court’s
denial of leave to amend the complaint to the extent that the
denial was with prejudice, and REMAND for further proceedings.
Each party shall bear its own costs.
AFFIRMED in part, VACATED in part, and
REMANDED.
grant of summary judgment to the County on the Nordykes’
First Amendment and equal protection claims. Because the
Nordykes may still be able to allege sufficient facts to state
a Second Amendment claim, we VACATE the district court’s
denial of leave to amend the complaint to the extent that the
denial was with prejudice, and REMAND for further proceedings.
Each party shall bear its own costs.
AFFIRMED in part, VACATED in part, and
REMANDED.
Basically said that the RKBA is subject to intermediate scrutiny like "abortion rights." (which I still can't find protected in the BoR).
Looks like yet another one that will wend its way to SCOTUS in a few years.