To Judge O’Scannlain, Judge Alarcon, and Judge Gould of the 9th Circuit Court of Appeals for their decision yesterday (pdf).
If they’d have found for the Nordyke’s, they’d have gotten the second one as well.
So now the appeal of the appeal. En Banc with the full 9th.
The Pucker Factor is set to HIGH.
No offense I hope, but I have been following this discussion over at “Of Arms and the Law”, David Hardy’s site.
Being the Constitutional scholar he is and I’m not, I don’t want to take any wrong turns.
There’s sentiment all over the place over there, but the penalty for NOT incorporating the Second as a Right as the First has been incorporated forever means that the ONLY paper on the matter is Heller, and Heller says gubmint can never ban any complete class of firearm, and IS an individual right (in DeeCee).
The idea of Heller taking away the gubmint’s chance of a total ban on anything (say .50 cal, or EBRs) means that the En Banc court will see incorporation, which does NOT so limit the gubmint, as the lesser of two evils, IMHO.
But get it from David Hardy, you don’t want to hear it from me.