Nordyke

We must decide whether the Second Amendment prohibits a local government from banning gun shows on its property.

I

A

Russell and Sallie Nordyke operate a business that promotes gun shows throughout California. A typical gun show involves the display and sale of thousands of firearms, generally ranging from pistols to rifles. Since 1991, the Nordykes have promoted numerous shows across the state, including one at the public fairgrounds in Alameda County. The Alameda gun shows routinely draw about 4,000 people. In the summer of 1999, the county passed an ordinance making it a misdemeanor to bring onto or to possess a firearm or ammunition on county property. See Alameda Code § 9.12.120(b) (“the Ordinance”). The Ordinance does not mention gun shows.

The county asserts that it passed the Ordinance in response to a shooting that occurred the previous summer at the annual county fair. The Ordinance’s text reflects this, finding that “gunshot fatalities are of epidemic proportions in Alameda County.” Id. § 9.12.120(a). The Nor-dykes, however, allege that the Ordinance’s real purpose is to ban gun shows from county fairgrounds. To support this allegation, the Nordykes note…

concurring in part and in the judgment:

I concur in the majority opinion to the extent that it affirms the dismissal of the plaintiffs’ complaint and remands to allow amendment of pleadings, giving plaintiffs an opportunity to seek to assert an actionable claim in light of recent developments in Second Amendment law. However, I would use a test to decide Second Amendment claims different from that set out by the majority. Drawing from First Amendment doctrine, I would subject to heightened scrutiny only arms regulations falling within the core purposes of the Second Amendment, that is, regulations aimed at restricting defense of the home, resistance of tyrannous government, and protection of country; I would subject incidental burdens on the Second Amendment right (analogous to time, place, and manner speech restrictions 1 ) to reasonableness review. Cf. Pleasant Grove City v. Summum, 555 U.S. 460 , 129 S.Ct. 1125, 1132 , 172 L.Ed.2d 853 (2009) (“Reasonable time, place, and manner restrictions are allowed, but any restriction based on the content of the speech must satisfy strict scrutiny .... ” (citations omitted)).

I

When we first heard this case eight years ago, before the…