2nd Amendment Incorporated Against States by Ninth Circuit

April 20, 2009

gun-show-nordyke-second-amendment-incorporationOur readers who have been keeping up with the 2nd Amendment incorporation updates we have been postingwill find this news from the Volokh Conspiracy interesting.

Link to the court’s decision

Update 3:31 PM: Eugene Volokh just posted about the 9th Circuit Panel’s decision’s likely effect on the Supreme Court’s potential consideration of cases relating to the incorporation of  the 2nd Amendment against the states. He suggested that the CA gun show case is not a likely candidate for supreme court consideration because the government won on the bottom line and its law was upheld.

The nanchaku case that we’ve been posting on, Maloney v. Rice (it’s no longer captioned Maloney v. Cuomo) is still a strong possibility. Although Prof. Volokh correctly pointed out that the petition for cert was due next week, the news was just released that Justice Ginsburg made the decision to grant an application by the Plaintiff-Appellant, Mr. Maloney, to extend the deadline for their petition for cert until June 26th.

Picture courtesy of transylvaniaphoenix

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2 Responses to “2nd Amendment Incorporated Against States by Ninth Circuit”


  1. […] to June 26, and the name for the case in the Supreme Court is now Maloney v. Rice; thanks to Benjamin Wolf (Elliot Schlissel N.Y. Law Blog).] Maloney, who lost in the Second Circuit both on the incorporation question and on the bottom […]


  2. […] to June 26, and the name for the case in the Supreme Court is now Maloney v. Rice; thanks to Benjamin Wolf (Elliot Schlissel N.Y. Law Blog).] Maloney, who lost in the Second Circuit both on the incorporation question and on the bottom […]


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