Ninth Circuit incorporates Second Amendment!

April 20, 2:41 PMGun Rights ExaminerDavid Codrea

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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.

In other words, you have those rights but we're not going to recognize them in this case?

The case involves a challenge to a ban on gun shows on county property.

Regardless of the way this went down for the Nordykes, and you can bet they will appeal, this is a very significant ruling.  You can read the opinion here.

I got this from attorney David T Hardy, who offers insights from his Of Arms and the Law blog.

It's huge because the Second Amendment has not been held before to be incorporated --and thus binding-- on the states.  For instance, it has been determined that states may not violate your First Amendment rights because of the due process clause in the Fourteenth Amendment.  But we have had "selective incorporation", which means such a ruling has not been applied to the Second Amendment.

This is big--especially coming from the Ninth Circuit, notorious for its hostility to gun rights.  Look for an appeal.  And then look to see if the Supreme Court agrees to hear it.

More on Nordyke vs King

Also see : Time for incorporation of the Second Amendment

UPDATE:  I put this out in a hurry as I'd just received the news and did not have time for much more than a basic post.  Civil Liberties Examiner J.D. Tuccille has written an excellent column I encourage you to read.