In 2009, a Ninth Circuit panel held (in Nordyke v. King) that the Second Amendment was incorporated against the states, but concluded that a ban on gun possession on county property was nonetheless constitutional. The Ninth Circuit then agreed to rehear the matter en banc, but then suspended its consideration of the case while it waited for the Supreme Court to resolve the incorporation question in McDonald v. City of Chicago. Following McDonald, the Ninth Circuit sent the case back to the panel; at the time, I predicted that the panel would likely just reaffirm its initial decisions. That’s not so clear any more, because today the panel expressly called for further briefing.
Read Original at: The Volokh Conspiracy
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