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California Mediation in Gun Show Case

Thursday, April, 5, 2012

On Wednesday, a federal court of appeals told owners of a gun show business and the Alameda, California county authorities that they had to go into mediation to settle their longstanding case. The case, which involves a weapons ban in public places, has been going on for 13 years and some feel it takes away individuals' 2nd Amendment rights.

Civil Mediation is Needed for Several Reasons


Ann Sally and Russel Nordyke are at the center of a case that two weeks ago was taken to the US 9th Circuit Court of Appeals. Their lawyers claim that the 19999 County Ordinance which bans weapons even at gun shows exceeds reasonable restriction definitions by the US Supreme Court and it also deprives citizens of a fundamental right. The gun shows, previously held at the fairgrounds have definitely seen the need for mediation because, as many ask, “What is a gun-less gun show?”


A number of legal issues have brought about the need for mediation on behalf of the state's gun owners, but while this case is being worked out, the appeals court has them on hold. The decision needs to come down as to whether or not this is in the public interest to lift the ban or if the restrictions should be respected by the courts. Another question is if they violate the Constitutional Right To Bear Arms.

Mediation Services to Precede Supreme Court Hearing


Though typically the lower courts are to leave those questions of constitution to the Supreme Court, in this case, if a mediation bid is successful, the case could be further delayed. In 1999, the ordinance was revised to allow for the gun shows, but as long as the weaponry remained “secured and unloaded”. As of yet, though, most on the side of the gun show agree that the current verbiage assures that these gun shows remain gunless and the argument of how constitutional this ordinance is or is not continues.