Tuesday, May 17, 2016

Win In The 9th Circuit

Yesterday, the 9th Circuit Court of Appeals remanded Teixeira, et al. v. County of Alameda to a lower court with the instructions to use the correct level of scrutiny. The court found that the "right to buy and sell guns is part and parcel of the Second Amendment."

As I am racing to get ready to leave in the morning for the NRA Annual Meeting, I don't have time to do a full blog post on the decision. Thus, I will just post the releases from the winning plaintiffs.

From CalGuns:
Victory! It is something that gun owners in California can't often claim.

But CGF, alongside California Association of Federal Firearms Licensees and the Second Amendment Foundation, scored an important victory in the Ninth Circuit Court of Appeals earlier today!

The opinion, issued this morning in the case of Teixeira, et al. v. County of Alameda, held that the Second Amendment right of gun purchasers extends to protect gun retailers from being shut out of an area.

Under the challenged Alameda County ordinance, a new gun store must be located at least 500 feet away from any residentially zoned district, elementary, middle or high school, pre-school or day care center, another firearms sales business, or places where liquor is sold or served.

But, according to a scientific study conducted by the plaintiff, which included a geographic study of the entirety of Alameda County, there are no parcels within the county that meet the ordinance’s requirements.

Writing for the majority, Judge O’Scannlain held that the “right of law-abiding citizens to keep and to bear arms is not a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees…”

“If the right of the people to keep and bear arms is to have any force, the people must have a right to acquire the very firearms they are entitled to keep and to bear. Indeed, where a right depends on subsidiary activity, it would make little sense if the right did not extend, at least partly, to such activity as well….Alameda County has offered nothing to undermine our conclusion that the right to purchase and to sell firearms is part and parcel of the historically recognized right to keep and to bear arms.”

This is such an integral case to our fundamental rights, and we are winning!

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