I DonaldE. J. Kilmer,Jr.

[SBN: 179986]
LAW OFFICESOF DONALD KILMER
2
a
J
1645Willow Street.Suite150
SanJose,California95125
Voice:(408)264-8489
Fax: (408)264-8487
ffi-fftre*
$Fp" 5 zao6
4 E-Mail: Don@DKLawOffice.com
5 Attorneyfor Plaintiffs ,,,fiåf-4ffift/fftffffi
6

I UNITED STATESDISTRrcT COURT

NORTHERNDISTRICTOF CALIFORMA
9 SAN FRANCISCODIVISION
f"-^-\,
10
CaseNo.: CV -99-04389-MJJ
11 RUSSELLALLEN NORDYKE,et al.,
JOINT STATEMENTOF T]NDISPUTED
t2 Plaintiffs, FACTS
13
VS. Date: October3.2006
.
t4 Time: 9:30a.m.
MARY V. KING, et aL., Judge: HonorableMartin Jenkins
15 Courthouse:U.S.CourtHouse
450 GoldenGateAvenue
t6 Defendants- SanFrancisco.CA 94102
t7
: r
18 The parties hereby stipulate that the following facts are undisputed for purposesof

l9 Defendants' pending summaryjudgment motion. The Defendantsobject to the inclusion

20 of some of the facts for the reasonsnoted immediately underneatheach particular fact

2l objected to. The undisputed facts set forth herein may be challenged and/or objected to

22 by any partyat a later stageof the proceedingsin this case,consistentwith the Federal
Þ
23 Rules of Evidence, the Federal Rules of Civil Procedureand all Local Rules.
& 24
@ 25 UNDISPUTEDFACT EVIDENTIARY SUPPORT

&å 26
l. On July 4, 1998a shootingoccurredat
the AlameâaCountyFairsrou"nds
Pleasanton
la.k.a.
Fairgroúnds)iíurine thè annual
1. Declarationof JamesKnudsen:
Exhibit A attachedto DEFENDANTS'
MOTION FOR SUMMARY
27 CountyFair. Tñe shooiingresllted in JUDGMENT.
Don¡ld Kilmer
gunshotwoundsto I people.
Attom€y at Iåw 28
1645WìllowSt.
Suitc150
Sæ Joæ,CA 95125
Vc:408264-8489
Fx:4081264-8487
Statement:Undisputed Facts Page1 of 19 Nordyke v. King
 I UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
2. TheJuly4, 1998shootingincident 2. DEFENDANTS'RESPONSES TO
3 resultedin the arrestandconvictionof the PLAINTIFFS' REQUEST FOR
shooter:JamaiJohnson.He was ADMISSION: #26.
4 sentenced to california statePrisonupon
conviction.
5 3. The July 4,1998 shootingincident at 3. DEFENDANTS'RESPONSESTO
the PleasanionFairgroundsrias not PLATNTIFFS'REQUEST FOR
6 associatedin anv wav with anv of the ADMISSION: #30 and#31.
Plaintiffs or theír activities duiine sun
7 shows at the PleasantonFairgrouäã's.
8 Defendant's Obj ection(s): Relevance.
9 4. The DefendantCOUNTY OF ALAMEDA 4. Paragraph 31 of the Defendants'
BOARD OF SUPERVISORS is the duly AMENDED ANSWER TO THIRI)
10 electedlegislativebody with the powerto AMENDED COMPLAINT.
passordinancesin accordance with the county
ll charterandin accordance with the laws of the
Stateof California. The BOARD OF
t2 SUPERVISORS alsohasultimate
administrativeauthorityoverthe Pleasanton
13 Fairgrounds.
T4 5. In 1999,DefendantsMARY V. KING, 5. Paragraph
32 of the Defendants'
GAIL STEELE,WILMA CHAN, KEITH AMENDED ANSWER TO THIRI)
15 CARSON,andSCOTTHAGGERTY were AMENDED COMPLAINT.
the duly electedmembersof the Boardof
T6 Supervisorsfor the Countyof Alameda,
Califomia.
T7
6. The Alameda County Fairgrounds (aka: 33 of the Defendants'
6. Paragraph
18 The PleasantonFairgrounds)is located in AMENDED ANS\ryER TO THIRI)
Alameda County. Public and private events AMENDED COMPLAINT.
t9 are scheduledat the fairgrounds on a regular
basis.
20 7 . The AlamedaCountyFairgroundsis 7. Parcgraph34 of the Defendants'
situatedwithin a Public andInstitutional AMENDED ANSWER TO THIRD
2l zoningdistrict on unincorporatedcounty AMENDED COMPLAINT.
propertywithin the City of Pleasanton,
22 California.The Fairgroundswereawardedto
the Countyin a Final Orderof Condemnation
23 filed on November17, 1965 "for public
purposes,namel5 for the construction
24 thereonof necessary public buildings,. . ."
[See: County of Alameda v. Meadowlark
25 DairyCom.Ltd.;CaseNo;3227221
26 Defendant's Obj ection(s): Relevance.
27
Donald Kilntr
Anomcrya¡ I¿w 28
1645Wilow St.
Suite150
Sæ Jore,CA 95125
\,lc: 4081264-E489
Fx:408/264-8487
Statement:Undisputed Facts Page2of 19 Nordyke v. King
 I T]NDISPUTEDFACT EVIDENTIARY SUPPORT
2
8. The Alameda County Fair Association is 35 of the Defendants'
8. Paragraph
a
J a non-profit corporation which managesthe AMENDED ANSWER TO THIRI)
fairgrounds through an Operating Agreement AMENDED COMPLAINT.
4 with the County of Alameda.
9. On May 20,1999, Defendant,Mary V. 9. DEFENDANTS'RESPONSETO
5 King sent ã memorandumto Couirff PLAINTTFFS'REQUEST FOR
Corñrsel- Richard Winnie - reque'sting ADMISSION:#1,#2,and#3.See
6 that he researcha wav to prohibit eun ExhibitA of the PLAINTIFFS'
shows on County Proþerty. REQUESTFOR ADMISSION.
7
Defendant's Objection(s): Relevance.
I
10. On July 20,1999, Alameda County 10.DEFENDANTS' RESPONSETO
9 Supervisor,'Ma'fuV. King issued a press PLAINTIFFS' REQUEST FOR
release.announcinga proqosedordinance ADMISSION: #6. #7 and#8. See
10 to restnct trearm possessronon county ExhibitB of the PLAINTIFFS'
properfy. REQUESTFOR ADMISSION.
11
Defendant's Objection(s): Relevance.
T2
I l. On July 20,1999,AlamedaCounty I I. DEFENDANTS' RESPONSETO
t3 Supervisor,-Mary V. Kine madea soeeóh PLAINTIFFS' REQUEST FOR
in õonnectionwith the aniouncemeirtof a ADMISSION:#l l, #12and#13. See
t4 proposedordinanceprohibitingpossession Exhibit C of the PLAINTIFFS'
of firearmson countyproperty. REQUESTFOR ADMISSION.
15
Defendant's Objection(s)
: Relevance.
T6
12. On July 26,1999,Plaintiffs' Counsel 12. PLAINTIFFS' INITIAL
t7 sent a letter to Alameda County Counsel DISCLOSURESunderF.R.C.P. 26 -
requestingclarification of the ierms on the See:Exhibit H affachedthereto.
i. proposedordinanceand requesting
18
inftirmal resolution of any issuesrËlating
t9 to implementation and inierpretation of"
the Ordinance as it applied to gott shows.
20
Defendant's Objection(s): Relevance.
2l 13. On August17,1999,theAlameda 13.DEFENDAIITS' RESPONSETO
CountyBoardof Supervisorsadopted PLAINTIFFS' REQUEST FOR
22 OrdinánceNo.: 0-2d00-ll. Which later ADMISSION:#16.#17 and#18.See
becameSection9.12.120of the Codeof ExhibitD OfthEPLAINTIFFS'
23 AlamedaCounty.The Ordinanceorohibits REQUESTFOR ADMISSION.
the possessionof flreaÍns on County
24 Proþerty,includingthe Fairgrounds.
25
26
27
Dotrrld Kilntr
^ttom€y at I¡w 28
1645willow St.
Suite150
Sæ Joæ,CA 95125
Vc: 408/264-8489
Fx:4081264-E487
Statement Undisputed Facts Page3 of 19 Nordyke v. King
 1 UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
14. OnAugust 23,1999, RichardWinnie, 14.DEFENDAIITS' RESPONSETO
a
J
Alameda County Counsel, sent a letter and PLAINTIFFS' REQUESTFOR
copy of the Ordinance to Richard K ADMISSION:#16.#17 and#18.See
4 Pickering, the General Manager of the ExhibitD of the PLAINTIFFS'
PleasantonFairsrounds. The letter REQUESTFOR ADMISSION.
5 disagreeswith t[e pressreports that the
ordinancepreventsgun shõws,and asserts
6 that gun shows may be conductedon the
fairgrounds without the presenceof
7 firearms. The letter also statesthat the
Ordinancedoes not proscribe the sale of
8 firearms or arnmunition on countv
property, provided that such articies
9 cannot be displayed on the premises.
15. In a September7, 1999letter,the I5. PLAINTIFFS' INITIAL
10 26 -
General Manager of the Alameda County DISCLOSURESunderF.R.C.P.
Fairgroundsreãuesteda written olan froín See:Exhibit H attachedthereto.
11 the Ñordyke PÉintifß asking thát they
I2
explain how they would conduct their gun And Exhibit B attachedto
shõw at the Alameda Countv Fairerouñds DEFENDANTS'MOTION FOR
in compliance with the Ordinance] SUMMARY JUDGMENT.
13
16. Durins the months of Aueust and 16. Depositionof Rick K. Pickering.
t4 Septembeí tggg the Scottish"Caledonian 9:16- 14:12;26:6-26:22; 30:7-34:8
Gamescontactedthe Fairground's and78:18- 80:9.
l5 Manager, the Alameda County Sherifl
Alameda Countv Counsel and Defendant
l6 Scott Haggerty iegarding the Ordinance's
impact on the Scottish Gamesheld at the
t7 Fairgrounds. The Scottish Gamesinvolve
the display/possessionof rifles with blank
18 cartridges in connection with historical re-
enacünentsof gun battles.
19
Defendant's Objection(s): Relevanceasto
20 first sentence.
2l 17. The ScottishCaledonianGames.
another cultural event that takes place at
22 the PleasantonFairgrounds,which
involves the possessionand displavof
23 firearms was not required to submít a
written plan for conducting their event in
24 compliance with the Ordinance.

25 Defendant's Obj ection(s): Relevance.

26
27
Donald K¡ùner 1 o
,{ttomey at Iáw LO
1645Willow St.
SuiteI 50
Sil Jow. CA 95 125
Yc:4081264-8489 Statement:Undisputed Facts Page4of 19 Nordyke v. King
Fx:408/264-8487
 I UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
18. On September16,1999,Plaintifß' 18. PLAINTIFFS' INITIAL
a
J
Counsel sent a secondletter to Alameda DISCLOSURES underF.R.C.P.26 -
County Counsel seekingto avoid litigation See:Exhibit H thereto.
attached
4 regarding the Ordinanceand its effect on
Plaintifß' gun shows. The letter also And Exhibit C attachedto
5 statedthat Plaintiffs could not practically DEFENDANTS'MOTIONFOR
or profitably conduct a gun show without SUMMARY JUDGMENT.
6 guns.

7
19. On September 17,1999,the Plaintiffs 19. JudicialNotice of Docket Report.
filed this action.
I 20. On September20,1999, Alameda 20. DEFENDANTS'RESPONSETO
Countv Counsel Richard Winnie sent a PLAINTIFFS' REQUESTFOR
9 letter fo the Alameda Board of ADMISSION:#21,#22 and#23.See:
Supervisorsrecommendingchangesto the Exhibit E OfthEPLAINTIFFS'
l0 Ordinance. REQUESTFOR ADMISSION.
11 Defendant's Obj ection(s): Relevance.
t2 21. On September24,1999,Plaintiffs' 21. PLAINTIFFS' INITIAL
Counsel sent a third letter to Alameda DISCLOSURESunderF.R.C.P.26 -
13 County Counsel seekingto avoid litigation See:Exhibit H att¿chedthereto.
and maintain the statusquo in order to
t4 explore options regardingthe Ordinances'
application to gun shows at the Alameda
15 County Fairgrounds.

t6 22. On September28,1999,The 22. SeeExhibit A attachedto

AlamedaCountyBoardof Supervisors DEFENDANTSO MOTION FOR
T7 passedOrdinance0-2000-22,which SUMMARY JUDGMENT.
amendedAlamedaCountvCodeSection
18 9.12.120.
23. The Ordinancestill prohibitsthe 23. SeeExhibit A attachedto
T9 possessionof firearmson County DEFENDANTS'MOTION FOR
property. SUMMARY JUDGMENT. 9- 12-120(b).
20
24. The Ordinance containsan exception 24. SeeExhibit A attachedto
2l for the possessionof firearms for: DEFENDANTS' MOTION FOR
"authorized participants in a motion SUMMARY JUDGMENT.
22 picfure, television,video, danceor e-r2-r20(ÐØ).
theatrical production or event, when the
23 participant lawfully usesthe firearm as
part of that production or event, provided
24 that when such firearm is not in the actual
possessionof the authorizedparticipant, it
25 is securedto prevent unauthorizeduse."
26 25. On October19, 1999,Defendants' 25. PLAINTIFFS' INITIAL
Counselrespondedto Plaintifß' overtures DISCLOSURESunderF.R.C.P.26 -
27 to avoid litigation in a letterto Plaintifß' See:Exhibit H attachedthereto.
Counsel.
Donald K¡lmq )e
Anomey at t¿w
1645Willow St.
Suite150
Sm Josq CA 95I25
Yc:4081264-8489 Statement:Undisputed Facts Page5 of 19 Nordyke v. King
Fx:4081264-84E7
 I UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
26. OnOctober 20,1999, Plaintiff s 26. PLAINTIFFS' INITIAL
a
J Counsel sent a letter to the General DISCLOSURESunderF.R.C.P. 26 -
Manager of the PleasantonFairgrounds See:Exhibit H attached
thereto.
4 requestingcontractual and/or legal
authority for his request that Plaintiffs SeealsoExhibit D attachedto
5 provide a written plan for conducting gun DEFENDANTS'MOTION FOR
shows in compliancewith the ordinance. SUMMARY JUDGMENT.
6 27. November3. 1999.this Honorable 27. IudicialNotice of DocketReport.
7
Court issuedan OrderdênyrngPlaintiffs'
requestfor pre-trialinjunctiverelief.
8 28. Plaintifß (Nordykes) canceledthe 28. SeeTll34 and35 of theAMENDED
gun show scheduledfor the weekend of VERIFIED COMPLAINT FOR
9 November6/7,1999due to: DAMAGES, INJUNCTION, AI\D
a. prevent the fraud of hosting a gun- DECLARATORY JUDGMENT.
10 less gun show, Enteredon the Docketon November16,
b. the Court's November3,1999 Order 1999.
11 denyrng injunctive relief,
c. the demand bv the fairerounds to
l2 produce a wri'tten plan"for hosting a
gun-lessgun show, which the
l3 Plaintiffs were unable to do.
d. cancellation of reservationsby
l4 several vendors and exhibitor-s due
to the passageof the Ordinance.
l5
Defendant's Objection(s): Relevance.
t6
29. In a December10, 1999letter,the 29. PLAINTIFFS' INITIAL
t7 EventsCoordinatorof the Alameda DISCLOSURESunderF.R.C.P. 26 -
CountyFairgroundsreleasedall reserved See:Exhibit H attached
thereto.
18 datesheld for Plaintiffsfor the year2000.
t9 Defendant's Objection(s)
: Relevance.
20 30. On January5,2000,the Events 30. PLAINTIFFS' INITIAL
Coordinatorof ihe AlamêdaCounty DISCLOSURESunderF.R.C.P.26 -
2l Fairgroundssenta letter to the Norilykes See:Exhibit H attachedthereto.
returningtheir depositsfor the year 2000,
22 becausePlaintiffs couldnot producea SeealsoExhibit E attachedto
plan to hold gun shows(witliout firearms) DEFENDANTS' MOTION FOR
23 that would complywith the Ordinance. SUMMARY JUDGMENT; ANd
declarationof Rick Pickeringatll6.
24

25

26

27
Dotrald Kiùns
Attomey aI I¿w 28
1645Willow St.
Suite I 50
Sæ Josq CA 95125
Yc:408/264-8489
Fx:408/264-8487
Statemenu Undisputed Facts Page6 of 19 Nordyke v. King
 I UNDISPUTED FACT EVIDENTIARY SUPPORT
2
31. As of November3,2005,The 31. Depositionof Rick K. Pickering.
3 Scottish Gameshave never been required 9:16- l-4:12:26:6-26:22: 30:7-34:8
to submit a plan (written or otherwise) and78:18- 80:9.
4 about how their show would comply with
the Ordinance.Instead,the Alamêdã
5 County Counsel and Alameda County
Sherifi simply "assured" the Fairgroind' s
6 managementthat the Scottish Games
complied with the Ordinance as amended.
7
Defendant's Objection(s): Relevance.
8 32. To date, the Nordykes have not 32. Declarationof Rick Pickeringatl7.
explained how they could conduct a gun
9 Showat the Alameda Countv Fairerounds
(without firearms) consisterit with"the
10 Ordinance.
l1 33. In 2005,the Nordykesheldmultþle 33. SeeExhibit F attachedto
gun showsin California. DEFENDAI\TS' MOTION FOR
t2 SUMMARY JUDGMENT.
13 3!. In.20Q5,þrq wereat least22 grxt 34. SeeExhibit G attachedto
showsin California. DEFENDANTS'MOTION FOR
T4 SUMMARY JUDGMENT.
15 35. Plaintifß' zun shows"brins 35. THIRD AMENDED COMPLAINT
hundreds,if nolthousands.of füearmsto at fl 60.9.
t6 onelocation."
36. Plaintiffs' gun shows"involve the 36. THIRD AMENDED
t7 exhibition,displayandoffering for sale" COMPLAINT at n n.
oI ilreanlls.
18
37. Attendanceat the Plaintiffs' eun 37. THIRD AMENDED
t9 showsat the AlamedaCountyFai-reroundsCOMPLAINT at 1T45.
wasat least4,000people.
20
38. At Plaintiffs' gun shows, in order for 38. THIRD AMENDED
2l a firearm to be sold, it must be physically 60.i - 60.n.
COMPLAINT at T'1T
inspectedby both tlie seller and the buyer
22 to insure correct documentationof the
serial number, make, model and caliber of
23 the weapon; and to insure that the fi.rearm
may be legally sold.
24
Defendant's Objection(s): Relevanceand
25 Questionof Law.
26
27
Donald Kikner
Attomcy at I¿w 28
ló45 Wilow St.
Suite I 50
Se Joæ,CA 95125
Yc:408/264-8489 Statement Undisputed Facts PageTof 19 Nordyke v. King
Fx:4081264-8487
 I UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
39. Fairground's Manaser. Richard 39. Declarationof RichardPickeringat
a
J Pickerinsl basedon his läowledee of
firearmsãnd his experienceas añNRA
I e.
4 instructor is not awãre that anv firearms
subjectto the Count¡r's ban orí possession,
5 andnot within an exception to ihe ban,
have been allowed on fhe Fairgrounds.
6 40. The Scottish Games eventsheld at the 40. Declaration of Richard Pickering at
7
Alameda County Fairgrounds involve li 13.
historical re-endctmeñtsof gun battles.
8 41. The General Manager, Richard 41. Declaration of Richard Pickering at
Pickering, has no personal knowledge of 13.
1T
9 any live alnmuniti^onbeing used in the
historical re-enactmentsthat are oart of
10 the Scottish Games,and that he would
take immediate stepsto prevent or
11 prohibit the use ofiive ammunition in
such a situation, and that rifles used
L2 during the historical re-enactrnentsare
required to be unloaded or loaded with
l3 blank cartridges.
l4 42. According to Richard Pickering, as 42. Declarationof RichardPickeringat
part of the Orãinance being enforcèd,it is 1113.
l5 gnly thosgpersonsdirectty-participatíngin
tne hrstorrcalre-enactrnentswho mav Seealso:ExhibitA ($ 9.12.120(Ð(4))
t6 possessa rifle, and those personsaré tODEFENDANITS'MOTION
AttAChEd
required to have the firearm in their actual FOR SUMMARY JUDGMENT.
l7 possessionand when not in their
possession,to securethe rifle.
18
43. Defendantshave no evidenceof anv 43. DEFENDANTS' RESPONSETO
t9 violent criminal activitv occurrine at ariv
' PLAINTTFFS'REQUESTFOR
gun show hosted by thé Nordykeíand ADMISSION:#30.
20 held at the Alameda Countv Fairsrounds
for the years 1991through Feb. z*7,2006.
2l
Defendant's Objection(s): Relevance.
22 44. Defendantshave no evidenceof anv 44. DEFENDANTS' RESPONSETO
violation of federal or state frearm laws PLAINTIFFS' REQUEST FOR
23 occurring at any gun show hosted by the ADMISSION:#31.
Nordykes and held at the Alameda County
24 Fairgiounds for the years l99l through
February
27,2006.
25
Defendant's Objection(s): Relevance.
26

27
Domld KilmÈ
Attom€y at [¿w 28
¡645 wil¡ow St.
Suite 150
So Jos, CA 95125
Yc:4081264-8489
Fx:4081264-84t7
Statement:
UndisputedFacts Page8 of 19 Nordyke v. King
 I UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
45. The Alameda Ordinance contains no 45. DEFENDANTS'RESPONSETO
J
languagedirecting any interestedparty to PLAINTIFFS' REQUESTFOR
any particular departmentor agency of the ADMISSION:#35.
4 County of Alameda for decisions
regarding interpretationsof the Ordinance.
5
Defendant's Obj ection(s): Relevance.
6 46. The Alameda Ordinance does not 46. DEFENDANTS' RESPONSETO
prohibit an offer to sell a firearm. PLAINTIFFS' REQUESTFOR
7
ADMISSION:#41.
8 47. The Alameda Ordinance does not 47.DEFENDANTS' RESPONSETO
prohibit the actual sale of a firearm. PLAINTIFFS' REQUESTFOR
9 ADMISSION:#41.
10 48. Sometimeafter the July4, 1998 48.DEFENDANTS' RESPONSETO
shooting, the Alameda County Fair PLAINTTFFS'REQUESTFOR
11 Association purchasedmetal detectorsfor ADMISSION: #27.
the purposeof detecting weapons at the
t2 entranceto the County Fairgrounds.

t3 Defendant's Obj ection(s): Relevance.

14 49. RandiRossi,the Directorof the 49. Depositionof RandiRossi. 16:12-

FirearmsDivision of the California 22:18.
15 Departmentof Justice,is awareof no
violationsof anv stateor federallaws
t6 occurringat the gun showshostedby the
Nordykes.Furthermore.the Nordvkes- are
t7 in compliancewith the þromoter
') requirements of CaliforniaPenalCode$
18 12071.4,a.k.a.:Gun ShowEnforcement
and SecurityAct of 2000.
l9
Defendant's Objection(s): Relevance
and
20 Question of Law.
50. IgnatiusChinn,a SpecialAgent 50. Depositionof IgnatiusChinn. \2:5
2l Supervisorwith the FirearmsDivision of - l2:8.
the CaliforniaDepartrnentof Justice,is
22 awareof no violationsof anv federal
and/orstatelaws bv the Norilvkes while
23 puttingon their gun shows.
24 Defendant'sObjection(s): Relevance.
25

26
27
Donsld Kilntr
Attom€y at [åw 28
1645WiüowSt.
Suite150
Sæ Jos, CA 95125
Yc:40E/2648489 Súatemenf Undisputed Facts Page9of 19 Nordyke v. King
Fx:40E/264-8487
 I UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
51. California PenalCode g 12071.4 5I. REQUESTFOR JUDICIAL
3 otherwiseknown as the Gun Show NOTICE Re: LEGISLATIVEHISTORY
Enforcementand SecuriWAct of 2000 oF PENAL CODE ç 12071.4.
4 becamestatelaw after thê Nordykes
canceledtheir last show at the Alameda
) County Fairgroundsin Novemb er, 1999.

6 Defendant's Objection(s): Relevanceand

Questionof Law.
7
52. Califomia PenalCode $ 12071.4(bX5) 52. REQUEST FOR JUDICIAL
I
requires gun show promoters to verifu that all NOTICE Re: CaliforniaPenalCode$
firearms in their possessionat the show or 1207r.4(b)(s).
event will be unloaded, and that the firearms
9
will be securedin a manner that prevents
them from being operatedexcept for brief
10 periods when the mechanical condition of a
firearm is being demonstratedto a
1l prospectivebuyer.
72 Defendant's Obj ection(s) : Relevanceand
l3 Question of Law.
53. Califomia PenalCode g 12071.a(g) 53. REQUEST FOR JUDICIAL
t4 mandatesthat no person at a gun show or NOTICE Re: CaliforniaPenalCode$
event, other than security personnel or swom 1207r.4(Ð.
15 peaceofficers, shall possessat the sametime
both a firearm and ammunition that is
T6 designedto be fired in the firearm. Vendors
having those items at the show for sale or
l7 exhibition are exempt from this prohibition.

18 Defendant's Objection(s) : Relevanceand

Question of Law.
19
54. California PenalCode ç 12071.4(h) 54. REQUEST FOR JUDICIAL
20 mandatesno member of the public who is NOTICE Re: CaliforniaPenalCode$
under the age of 18 years shall be admitted to, 1207r.4(h).
2l or be permitted to remain at, a gun show or
event unless accompaniedby a parent or legal
22 guardian. Anymember of the public who is
under the age of 18 shall be accompaniedby
23 his or her parent, grandparent,or legal
guardian while at the show or event.
24
Defendant' s Objection(s) : Relevanceand
25 Question of Law.

26

27
Donald K¡lns
Attom€y at [áw 28
1645Wilow St.
Sùite 150
Sæ Jose,CA 95 I 25
Yc:408/264E489
Fx:4081264-848'1
StatementUndisputedFacts Page10of 19 Nordyke v. King
 I UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
55. CalifomiaPenalCode $ 12071.4(i) 55. REQUESTFOR JUDICIAL
J
mandatesthat persons other than show or NOTICE Re:CaliforniaPenalCode$
event security personnel, sworn peace 1207r.4(I).
4 officers, or vendors, who bring firearms onto
the gun show or event premisesshall sign in
5 ink the tag or sticker that is attachedto the
firearm prior to being allowed admittanceto
6 the show or event, as provided for in
subdivision(i).
7
Defendant's Objection(s) : Relevanceand
8 Question of Law.
56. California Penal Code $ 12071.4(k) 56. REQUESTFOR JUDTCIAL
9 mandatesall personspossessingfirearms at NOTICE Re: CaliforniaPenalCode
the gun show or event shall have in his or her 1207r.4(k).
l0 immediate possession,govemment-issued
photo identification, and display it upon
l1 request,to any security officer, or any peace
officer.
t2
Defendant' s Objection(s) : Relevanceand
t3
Question of Law.
l4 57. California PenalCode $ 12071.4(t') 57. REQUESTFOR JUDTCIAL
mandatesthat all firearms carried onto the NOTICERe: CaliforniaPenalCode
15 premisesof a gun show or event bymembers 1207r.4(ì.
of the public shall be checked,clearedof any
r6 ammunition, securedin a manner that
preventsthem from being operated,and an
t7 identification tag or sticker shall be attached
to the firearm, prior to the personbeing
18 allowed admittance to the show. The
identification tag or sticker shall statethat all
t9 firearms transfersbetween private parties at
the show or event shall be conducted through
20 a licensed dealer in accordancewith
applicable state and federal laws. The person
2l possessingthe firearm shall complete the
following information on the tag before it is
22 attachedto the firearm:
(1) The gun owner's signature.
23 (2) The gun owner's printed name.
(3) The identification number from the gun
24 owner's government-issuedphoto
identification.
25
Defendant's Objection(s): Relevanceand
26 Question of Law.
27
Donald Kil¡nq
Attomey at I¿w 28
lß5 Willow St.
Suite 150
Sð Jo*, CA 95125
Yc:408/264-8489 Statemenf Undisputed Facs Pagell of 19 Nordyke v. King
Fx:4O8/264-8487
 I UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
58. Plaintiff DARYL DAVIS has 58. SeeDECLARATION OF DARYL
J
testified through declaration,that he is a DAVIS, Plaintiff. fT l0 - 15.
member of the "gun culfure" and that
4 possessionofa gun at a gun show
supports,and is intendedto convev. his
5 be-lièfthat the SecondAmendmeni-
protects an individual right to "keep and
6 bear arms."

7 Defendant'sObjection(s): Relevance.
59. Plaintiff DARYL DAVIS has testified 59. SeeDECLARATION OF DARYL
8 through declaration,that he supportsthe DAVIS, Plaintiff. 1l1T
l0-l 5.
National Rifle Association's intemretation
9 of the SecondAmendmenfi and tliat he
attendsgun shows with guns in order to
l0 support the NRA by actually engagin-gthe
act ot'possessinga firearm at a sun show
1l in a j uiisdiction-(Northern Catiñrnia)
where that right is_called into question by
t2 current stateãnd federal caseläw.
13 Defendant's Objection(s): Relevanceand
t4 Questionof Law.
60. Plaintiff DARYL DAVIS has testified 60. SeeDECLARATION OF DARYL
15 that there is a great likelihood that others DAVIS, PlaÍntiff. IT 16- 18.
would understandthesemessases.This is
t6 basedon his own observationiof people
possessingand handlins zuns at eùn
^shows
t7 he-hasattended." "
t8 Defendant's Objection(s): Relevanceand
Hearsay.
t9
61. Plaintiff DUANE DARR has 61. SeeDECLARATION OF DUANE
20 testified through declaration,that he is a DARR, Plaintiff. Tf 8 - 12.
member of the "gun culfure" and that
2t possessionofa gun at a gun show
supports,and is intended to convev. his
22 belièf that the SecondAmendmeni'
protects an individual right to "keep and
23 bear arms."

24 Defendant's Objection(s): Relevance.

25
26
27
Donald Kilmø
.Attomeyat [åw 28
1645WillowSt.
Suite150
Sa Jos€.CA 95 | 25
!c:408/264-E489
Fx:408/264-8487
Statemenl Undisputed Facts Page12 of 19 Nordyke v. King
 I UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
62. Plaintiff DUANE DARR has testified 62. SeeDECLARATION OF DUANE
J through declaration,that he supportsthe DARR, Plaintiff. lTll8- 12.
National Rifl e Association' s interpretation
4 of the SecondAmendment: and that he
attends gun shows with guis in order to
5 support the NRA by actually engagingthe
act ofpossessinga firearm at a gun show
6 in a jurisdiction (Northern California)
where that right is called into question by
7 current stateand federal caselaw.

8 Defendant's Objection(s): Relevanceand

Questionof Law.
9
i ì 63. Plaintiff DUANE DARR has testified 63. SeeDECLARATION OF DUANE
10
that there is a great likelihood that others DARR, Plaintiff. IlT 13- 16.
would understandthesemessages.This is
basedon his own observationsof people
lt possessingand handling guns at gun
shows he has attended.
l2
Defendant's Objection(s): Relevanceand
13 Hearsay.
t4 64. Plaintiff DUANE DARR has 64. SeeDECLARATION OF DUANE
testified that the physical presenceof a DARR, Plaintiff.l[I 13- 16.
15 firearm is necessarvto conduct and
contract for the salé of a firearm.
t6 especiallyantique firearms.
t7 Defendant's Obj ection(s): Relevance.
f - )
18 65. Plaintiff JESS GUY has testified 65. SeeDECLARATION OF JESS
through declaration, that he is a member GUY, Plaintiff. 1l1l8 - 19.
t9 of the "gun culfure" and that possessionof
a gun at a gun show supports,and is
20 intended to convey, his belief that the
SecondAmendméút protects an individual
2l right to "keep and bear arms."

22 Defendant's Objection(s): Relevance.

23

24
25
26
27
DonrH KiLner
Anomey at [¿w 28
1645WillowSt.
Suite150
Sa Joæ,CA 95125
Vc: 408/264-8489 Statement: Undisputed Facts Page13of 19 Nordyke v. King
Ex:4081264-8487
 1 UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
66. Plaintiff JESS GIIY has testified 66. SeeDECLARATION OF JESS
-
J through declaration,that he supportsthe GUY, Plaintiff. lTT8 - 19.
National Rifle Association's inÌerpretation
4 of the SecondAmendment: and tliat he
attendsgun shows with guis in order to
5 support the NRA by-actually engagingthe
act ofpossessinga firearm at a euñ show
6 in a juiisdiction-(Northern Cahfõrnia)
where that right is called into question by
7 cuffent state and federal caselaw.
i

I Defendant's Objection(s): Relevanceand

I
I Questionof Law.
9 67. Plaintiff JESS GUY has testified that 67. SeeDECLARATION OF JESS
l

10
there is a great likelihood that others G[.IY,Plaintiff.lTf20 -21.
would understandthesemessases.This is
: basedon his own observationiof people
1t possessingand handling guns at gun
shows he has attended.
l2
Defendant's Objection(s): Relevanceand
13 Hearsav.
l4 68. Plaintiff JESS GUY attendedthe 68. SeeDECLARATION OF JESS
NORDYKE'S sun show at the Santa GUY, Plaintiff, ffi22 -24.
t5 ClaraCounty Fãirgrounds on the weekend
of April 8 819,20:06.He was present
16 when the pictures that are attaõhedto his
declaratioirwere taken and he made the
t7 observationsset forth in paragraphs22.a.
-22.s of his declaration.^
18
Defendant's Objection(s): Relevance.
t9
69. Plaintiff VIRGIL Mc VICKER has 69. SeeDECLARATION OF VIRGIL
20 testified through declaration,that he is a Mc VICKER, Plaintiff.I'1T12- 14.
member of the "gun culture" and that
2l possessionofa gun at a gun show
supports,and is intended to convey, his
22 belief that the SecondAmendment
protects an individual right to "keep and
23 bear arms."

24 Defendant's Objection(s): Relevance.

25
26
27
Don¡H K¡ùntr
Attom€y at Iåw 28
1645wi[ow St.
Suite 150
Sa Joç, CA 95 | 25
Yc:4O81264-8489
Fx:4081264-8487
Statement:Undisputed Facts Page14 of 19 Nordyke v. King
 I T]NDISPUTEDFACT EVIDENTIARY SUPPORT
2
70. Plaintiff VIRGIL Mc VICKER has 70. SeeDECLARATION OF VIRGIL
-
J
testified through declaration,that he 12- 14.
Mc VICKER, Plaintiff.'lTlT
supportsthe National Rifle Association's
4 interpretation of the SecondAmendment;
and that he attendsgun shows with guns
5 in order to supportihe Nnn by actuãlly
engagingthe act of possessinga firearm at
6 a gun show in a jurisdiction (Northern
California) where that right is called into
7 question by current stateand federal case
law.
8
Defendant's Objection(s): Relevanceand
9 Questionof Law.
7 | . Plantiff VIRGIL Mc VICKER has 71. SeeDECLARATION OF VIRGIL
10 testified that there is a great likelihood Mc VICKER, PlaintÍff.lTT15- 18.
that others would understandthese
11 messages.This is basedon his own
observationsof peoplepossessineand
T2 handling guns at guir shbws he hãs
attended.
13
Defendant's Obj ection(s): Relevance
t4 Hearsay.
15 72. Plaintiff MIKE FOURNIER has 72. SeeDECLARATION OF MIKE
testified through declaration,that he is a FOURNIER, Plaintiff. TIT5 - 7.
t6 member of the "gun culture" and that
possessionofa gun at a gun show
t7 supports,and is intendedto convey, his
belief that the SecondAmendment
18 protects an individual right to "keep and
bear arms."
l9
Defendant's Objection(s): Relevance.
20
73. Plaintiff MIKE FOURNIER has 73. SeeDECLARATION OF MIKE
2l testified through declaration,that he FOURNIER, Plaintiff. TT5 -7.
supports the National Rifle Association's
22 interpretation of the Second Amendment;
and that he attends gun shows with guns
23 in order to support ihe NRA by actuãily
engaging the àèt of possessin{ a firearm at
24 a gun show in a jurisdiction (Northern
California) where that right is called into
25 question by current stateand federal case
law.
26
Defendant's Objection(s): Relevanceand
27 Questionof Law.
Donrld K¡ùntr
Attomey at I¿w 28
1645WiüowSt.
Suite150
Sæ Jos. CA 95I 25
Vc: 408/264-8489
Fx:4081264-8487
Statement: Undisputed Facts Page15of 19 Nordyke v. King
 I UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
74. Plaintiff MIKE FOURNIER has 74. SeeDECLARATION OF MIKE
J testified that there is a great likelilrood FOURNIER, Plaintiff. TI I - 9.
that others would undeistandthese
4 messages.This is basedon his own
observationsof peoplepossessineand
5 handling guns at guir shbws he hãs
attended.
6
Defendant's Objection(s): Relevanceand
7 Hearsay.
75. Plaintiff MIKE FOURNIER doesnot 75. SeeDECLARATION OF MIKE
8 have a permit to carry concealedweapons FOURNIER, Plaintiff. lTTl0 - 13.
pglsuant to California Penal Code $
9 12050.
l0 76. Plaintiff MIKE FOURNIER sells. at 76. SeeDECLARATION OF MIKE
his store and at gun shows. manv of the FOURNIER, PlaintÍff. tTT10- 13.
ll samekinds of eñgravedand
coÍrmemorative firearms that are shown
l2 in the book Steel Canvas- The Art of
AmericanArms,by R.L. Wilson.
13
Defendant's Obj ection(s): Relevance.
l4
77. Patronsand exhibitors attend gun 77. Seethe morethan300 THIRI)
l5 shows for various reasons.but PARTY DECLARATIONS IN
overwhelming attend them in order obtain SUPPORTOF INJUNCTIVE RELIEF
t6 political information about their "right to filed on or aboutSeptember 17,1999;
keep and bear arms" and to assembiewith includinethe DECLARATION OF
t7 like-minded individuals reeardine their AMY HÕ which includesthe statistical
coÍrmon culture (i.e., the Srn cuÎ-ture.) breakdownregardingstatementsmadeby
l8 patronsandexhibitorsfiled the sameday.
Defendant's Objection(s): Relevance.
t9
78. Patronsand exhibitors at Plaintifß' 78. Seevideo tapedinterviewsof patrons
20 gun shows are strongly opposedto andexhibitorsattendingthe April 8/9,
attending gun shows, and overwhelmingly 2006gun show at the SantaClaraCounty
2l state that they will not attend gun shows, Fairgrounds,attachedto:
where the possessionof fireañrs, and thê DECLARÁ.TION OF PLAINTIFFS'
22 therefore the presenceof firearml is COUNSEL DONALD KILMER RE:
prohibited. TAPED INTERVIEWS AT T.S. GUN
23 SHOW AT SANTA CLARA COTJNTY
Defendant's Objection(s): Relevance. FAIRGROUNDS APRIL 819,2006.
24 79. Guns and the possessionof guns, 79. See:PLAINTIFFS EXPERTS'
especially at gun shows, can conîey REPORT.
25 polltrcal messages.
26 Defendant's Obj ection(s): Relevanceand
Hearsay.
27
Don¡ld Kil¡ner
Attomey at Iåw 28
1645W-illowSt.
Suite 150
Sæ Jose.C,4.95 t25
Yc:4081264-8489
Fx:408/264-8487
Statement Undisputed Facts Page16 of 19 Nordyke v. King
 I UNDISPUTEDFACT EVIDENTIARY SUPPORT
2
80. The possessionof firearms on county 80. PLAINTIFFS' INITIAL
a
J
property, and therefore the ability to hold DISCLOSURESunderF.R.C.P. 26 -
gun shows on county fairgrounds, has See:Exhibit N attachedthereto.
4 been bannedin the counties of: Alameda"
Sonoma,San Mateo, Marin; and the Ciry
5 of Santa Cruz.

6 Defendant's Objection(s): Relevanceand

Lack of Foundation.
7 81. Plaintiffs RUSSELL and SALLIE 81. See:DECLARATION OF
8
NORDYKE have testified through their RUSSELL AND SALLIE NORDYKE.
declarations,that they are membersof the 1n27&,28.
"gun culfure" artdthat possessionof a gun
,,::- 9 at a gun show supports,and is intended to
convey, their belief that the Second
10 Amendment protects an individual right to
"keep and bear arms."
il
Defendant's Obj ection(s): Relevance.
t2
82. Plaintiffs RUSSELL and SALLIE 82. See:DECLARATION OF
13 NORDYKE have testified through their RUSSELL AND SALLIE NORDYKE.
declarations,that they support the nn27 &.28.
l4 National Rifle Association' s interpretation
of the Second Amendment; and that they
15 host gun shows with guns,'inpart, in oráer
to support the NRA by actually engaging
l6 the act of possessinga firearm at a gun
show in a jurisdiction (California) where
t7 that right is called into question by current
(
state and federal caselaw.
18
Defendant's Obj ection(s): Relevanceand
l9 Questionof Law.
20 83. Plaintifß RUSSELL and SALLIE 83. See:DECLARATION OF
NORDYKE have testified that there is a RUSSELL AND SALLIE NORDYKE.
2l greatlikelihood that others would -37.
Íïnze
understandthesemessages.This is based
22 on their own observationsof people
possessingand handling guns at gun
23 shows they host and promote.

24 Defendant's Objection(s): Relevanceand

Hearsay.
25

26

27
DotraldKilmù
Attomey at [.¿w 28
1645Willow St.
Suitc 150
Sæ Jose.CA 95I 25
Yc:408/264.8489 Statement:Undisputed Facts PageITof 19 Nordyke v. King
Fx:4081264-8481
 I UNDISPUTED FACT EVIDENTIARY SUPPORT
2
84. Plaintiffs RUSSELL and SALLIE 84. See:DECLARATION OF
J
NORDYKE are unwilling to commit a RUSSELL A¡{D SALLIE NORDYKE.
fraud upon their regular exhibitors, -37.
T,1129
4 vendors and patrons by hosting a gun-less
gun show. They - maintain that the very
5 ldea is absurd.
l
6 Defendant's Objection(s): Relevanceand
Questionof Law.
7 85. Plaintiffs RUSSELL and SALLIE 85. See:DECLARATION OF
NORDYKE maintain that they comply RUSSELL AND SALLIE NORDYKE.
8 with all Federal and StateLaws regüÉting
the firearms industry and gun shows in
nn2e-37.
9 particular, and that they are membersof
the National Associationof Arms. Inc..
10 and that thev follow that associatiôns
guidelines fôr conduct safe and lawful gun
11 shows.
12 Defendant's Objection(s): Relevanceand
t3 Questionof Law.
86. There is no gun show loophole at 86. Depositionof RandiRossi. I 1:9-
t4 California Gun SÉowsthat coriply with 16:12.
California law.
l5 See:DECLARATION OF RUSSELL
Defendant's Obj ection(s): Relevanceand AND SALLTENORDYKE.ffi32 &,33.
T6 Questionof Law.
t7 87. Plaintiffs RUSSELL and SALLIE 87. See:DECLARATION OF
NORDYKE have sustainedmonetary RUSSELL AND SALLIE NORDYKE.
18 lossesin the form of lost profits from the 1T36.d.
ban on gun shows at the Alameda County
t9 Fairgroùnds. They also have monetary
lossðs(though nof sought in this suit)'
20 ÍÌom the ban on zun shows in the
Counties of Mariã, Sonomaand San
2l Mateo.

22 Defendant's Obj ection(s): Relevanceand

Lack of Foundation.
23
88. Alameda CounWCounsel'sOffice is 88. DEFENDAIITS' RESPONSESTO
24 authorized to interprét the Ordinance and PLAINTIFFS' INTERROGATORIES.
its exceptions. #21.^.
25
Defendant's Objection(s): Relevance.
26
27
Donald KiLner
Attomey at Iåw 28
1645wilow St.
Suite 150
Sæ Jose,CA 95125
Vc:408/264-E489
Fx:408/264-8487
Statement: Undisputed Facts Page18of 19 Nordyke v. King
 I UNDISPUTED FACT EWDENTIARY SUPPORT
2
89. Richard Pickering, General Manager 89. SeeExhibit 8 attachedto Deposition
3 of the Alameda County Fairgrounds, has of Rick IC tictering.
no authority to grant exceptions to
4 Alameda County Ordinances.

5 Defendant's Objection(s): Relevance.

6
90. Richard Pickering, General Manager 90. Depositionof Rick K. Pickering. 36:
of the Alameda County Fairgrounds, l 8 - 3 9 : 1 8a n d7 2 : 1 9- 7 5 : 2 . 8 0 : I - 1 0 .
referred all decisions about exceptions to
7 Alameda Ordinance to County Counsel
and/or the Alameda County Sheriff.
8
Defendant's Objection(s) : Relevance.
9
END OF DOCUMENT END OF DOCUMENT
l0

ll
The parties agÍee,by and through counsel,that facsimile signaturesshall constitute
t2
originals.
l3

t4
SO STIPULATED.
l5

r6 Date:á.q/(ærL
------T----7-)
t7
t8
t9 Attorney for Plaintiffs Attorney for Defendants
20
2l
22
23
24
25
26
27
DoDrld Kil¡trer
Aflomey at I¡w 28
I 645 Willow St.
Suire I 50
Sãn Jose,CA 95125
tlc: 4081264-8489
Fx:4OBt26Ç8487
Statement:UndisputedFacts Page19of 19 Nordyke v. King