9th US Appellate Court says 2nd Amendment applies to the States

The question whether the 2nd Amendment applies to the states has been answered—at least to those states in the 9th US Judicial District. The 9th Appellate Court court, in the case of NORDYKE v. COUNTY OF ALAMEDA; COUNTY OF ALAMEDA BOARD OF SUPERVISORS has determined that the 2nd Amendment is Incorporated, i.e., that the 2nd Amendment applies to the States as well as to the Federal government.

The Nordykes lost their suit against the County of Alameda. But, in that process an important tenet was established that can and will lead to further steps to preserve our Right to Bear Arms, our Right of Self-defense, but also out future liberty.

The excerpts below are from the ruling. The entire document can be found here.

[12] We therefore conclude that the right to keep and bear arms is “deeply rooted in this Nation’s history and tradition.” Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the “true palladium of liberty.” Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited.17 We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments.18

Below is the judgement of the suit.


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.

H/t to David Hardy.

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