U.S. Ninth Circuit Holds 2nd Amendment ‘Incorporated’ Against The States, Applying Heller
Yesterday, a three judge panel of the U.S. Court of Appeals for the 9th Circuit, applying last year’s U.S. Supreme Court Heller decision (which confirmed that the 2nd Amendment protects an individual right to keep an bear arms), held that the 2nd Amendment is “incorporated” against the states via the due process clause of the 14th Amendment (the slip opinion of the decision, Nordyke v. King, is linked above in PDF format). This means that the 2nd Amendment is an impediment to “gun control” laws passed at the state level, as well as by the U.S. Congress.
California, which is within the 9th Circuit’s jurisdiction (as are many western states), had been a vanguard of the “gun control” movement, passing the a state-level “assault weapons” ban, and many other restrictions at the local level, may now see many of these unconstitutional laws and regulations overturned.
(Once I have a chance to read the full decision, I’ll comment further…)