From CalGuns Foundation: The
Nordyke en-banc is remanded back to the original panel: Judges Gould, O’Scannlain and Alarcón.
Quote:
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Filed July 12, 2010
Before: Alex Kozinski, Chief Judge, Harry Pregerson,
Stephen Reinhardt, Diarmuid F. O’Scannlain,
Pamela Ann Rymer, Michael Daly Hawkins,
Susan P. Graber, Ronald M. Gould, Richard C. Tallman,
Milan D. Smith, Jr. and Sandra S. Ikuta, Circuit Judges.
ORDER
The panel opinion in Nordyke v. King, 563 F.3d 439 (9th
Cir. 2009), is vacated and the case is remanded to that panel
for further consideration in light of McDonald v. City of Chi-
cago, No. 08-1521, slip op. (U.S. June 28, 2010).
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The order is
here.
This means that the panel will no longer be addressing the incorporation issue. That is now settled fact. What they will do is to visit the "sensitive places" doctrine of
Heller in light of the RKBA being a
fundamental right.