Alameda County gun show ordinance upheld by appeals court

Click photo to enlarge

1999 file photo: Pastor Marcos Vasquez of the Outcry in the Barrio congregation in Hayward protested the posting of signs in his neighborhood for a gun show at the Pleasanton Fairgrounds.

Alameda County has resolved its 12-year legal battle over a ban on gun shows on government property, persuading a federal appeals court that its law is constitutional because of recent concessions that will allow gun promoters to showcase weapons within tight restrictions.

In a unanimous 11-judge ruling Friday, the 9th U.S. Circuit Court of Appeals upheld the county's ordinance, finding that it does not violate the Second Amendment. The decision was fact-specific, avoiding broader gun rights issues because gun shows are now permitted if promoters agree to provisions the court called "reasonable."

"No matter how broad the scope of the Second Amendment -- an issue we leave for another day -- it is clear that, as applied to the plaintiffs' gun shows, and as interpreted by the county, this regulation is permissible," Judge Susan Graber wrote for the court.

The ruling stems from a long-running challenge by a Glenn County couple to a 1999 ordinance that had outlawed gun shows at the Pleasanton fairgrounds. Russell and Sallie Nordyke, promoters of TS Gun Shows, have seen more restrictions on such shows across the Bay Area, including in Alameda, Marin and San Mateo counties, as they've battled for their Second Amendment rights in the 9th Circuit.

The Nordykes could not be reached for comment Friday, but their lawyer issued a statement saying they consider the decision a victory and plan to put on a gun show in Alameda County.

Sayre

"This has always been a public safety regulation," she said. "They have to present their safety plan and show how they are going to comply."

The 9th Circuit case was expected to be a key legal test of the scope of recent U.S. Supreme Court rulings establishing that the Second Amendment applies to state and local gun regulations. But the case turned in a different direction over the past few months, as Alameda County officials indicated that the ordinance does not necessarily amount to an outright ban on gun shows, limiting its effect on Second Amendment rights.

Link:
Alameda County gun show ordinance upheld by appeals court