On Monday's Docket - Nordyke AND Peterson

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Jan 5, 2008
My forest stronghold
Monday March 19th is shaping up to be an important day for the Second Amendment. Federal appeals courts in TWO circuits will be hearing oral arguments in a couple of pivotal cases. Both of these appearances are significant as they represent virtually unheard of second appearances before their respective courts.

In San Francisco, oral arguments in Nordyke v. King will be held for a second time before an en banc panel of the 9th circuit. Few cases ever get an en banc review, but this is the second time this long running case (12 or 14 years) is making the trip.
Nordyke v. King was originally a challenge to the ban on firearms at Almeida Fair Grounds. The plaintiffs operate gun shows and sued when they were no longer permitted to participate at the fairgrounds. This case has made several trips through the 9th circuit and has morphed into a sensitive places case as well and an incorporation case.

Don Kilmer is a very gifted Second Amendment attorney and a remarkable individual. He was actually the first attorney to have the Second Amendment incorporated against the states (at least in the 9th circuit), a decision that was stayed once McDonald was granted cert. The story of how Don became a Second Amendment lawyer (or even a lawyer at all) is amazing. I really wish we could clone a Massachusetts version of Don.

Monday will also see the 10th Circuit hear additional arguments in Peterson v. Martinez (was Garcia, was LaCabe). Second rounds in appellate case are also very rare. Gray Peterson, the plaintiff, is a friend of Comm2A and was incredibly helpful in the establishment of our organization. Colorado’s incompetence and Denver’s unwillingness to participate have changed this simple non-resident licensing issue to a full blown right-to-carry case that is now the front runner in the race to petition SCOTUS.

Comm2A is extremely proud to have joined SAF and over 30 other state organizations in submitting an amicus brief filed on Peterson behalf. One of the reasons the 10th circuit is rehearing Peterson is to give the amici an opportunity to be heard. Alan Gura will be appearing on behalf of SAF, CGF, Comm2A, etc. The NRA CRDF will also have time as will the Brady Center.

The NRA is frequently accused of jumping in front of the parade, but this time it’s the Brady Center that pushed the NRA (and themselves) out front in a shameless effort to raise money off of Gray’s case. In this recent email, the Brady Center positioned this case as a faceoff between them and the NRA even though the NRA’s participation is slight. They refer to Gray as “the gun lobby” (trust me, he’s not) and I love this quote:
How extreme is the gun lobby's position? It's so extreme that even Colorado's NRA "A-rated" Attorney General is arguing alongside me.
What a hollow organization they continue to be – all hat, no cowboy.

Monday is a big day. Keep your fingers crossed and let’s hope that Don Kilmer, John Monroe, and Alan Gura are all in top form.


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Apr 13, 2007
Needham, MA
A big day for sure. I've been counting down to it. Do the 9th and 10th circuits release audio of their oral arguments? The orals from Ezell in the 7th were a great listen.
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