United States Ninth Circuit

In a Second Amendment challenge to a municipal ordinance prohibiting firearms on county property, the dismissal of the complaint is affirmed, where the Fourteenth Amendment incorporates the Second Amendment against the states, but the Second Amendment does not create a right to possess firearms on government property.

Appellate Information

• Argued 01/15/2009
• Decided 04/20/2009
• Published 04/20/2009

Judges

• Before:  ARTHUR L. ALARCÓN, DIARMUID F. O'SCANNLAIN, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Donald E. Kilmer, Jr., Law Offices of Donald Kilmer, San Jose, CA, argued the cause for the plaintiffs-appellants and filed the briefs.  Don B. Kates, Esq., Battleground, WA, was also on the supplemental briefs., C.D. Michel, Trutanich-Michel, LLP, Long Beach, CA, filed a brief on behalf of amici curiae the National Rifle Association of America, Inc., and the California Rifle & Pistol Association.  Stephen P. Halbrook, Law Offices of Stephen P. Halbrook, Fairfax, VA, was also on the brief., Tracy Duell-Cazes, Law Offices of Tracy Duell-Cazes, San Jose, CA, filed a brief on behalf of amici curiae Professors of Law., Vanessa A. Zecher, Law Offices of Vanessa A. Zecher, San Jose, CA, filed a brief on behalf of amici curiae Professors of Law, History, Political Science, or Philosophy., Alan Gura, Gura & Possessky, PLLC, Alexandria, VA, filed a brief on behalf of amicus curiae Second Amendment Foundation, Inc., Jordan Eth, Morrison & Foerster LLP, San Francisco, CA, filed a brief on behalf of Amici Curiae the Legal Community Against Violence, City of Oakland, City and County of San Francisco, Brady Center to Prevent Gun Violence, California Peace Officers' Association, California Police Chiefs Association, California State Sheriffs' Association, Coalition to Stop Gun Violence, Violence Policy Center, and Youth Alive!.  Jacqueline Bos and Angela E. Kleine, Morrison & Foerster LLP, San Francisco, CA, were also on the brief.


• For Appellees:
  
• T. Peter Pierce, Richards, Watson & Gershon, Los Angeles, CA, argued the cause for the defendants-appellees and was on the briefs.  Richard E. Winnie, County Counsel, Alameda County, CA;  Sayre Weaver and Veronica S. Gunderson, Richards Watson & Gershon, Los Angeles, CA, were also on the brief.