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  1. #1
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    Post Federal court rules there is no Constitutional Right to Sell Guns

    Federal court rules there is no Constitutional Right to Sell Guns




    The U.S. 9th Circuit on Tuesday upheld an Alameda County law barring gun stores within 500 feet of residential properties in a blow to gun rights advocates.

    The ruling came from a 9-2 en banc panel of the court in a case brought by gun dealers and Second Amendment groups who contended the county’s zoning effectively put it off limits to new gun stores. The court held that local governments could regulate the sale of firearms so long as would-be buyers were still able to purchase them somewhere in the area and that the Second Amendment does not protect the ability to engage in gun sales.

    Writing for the majority, Judge Marsha Berzon noted that there were numerous gun stores, including a Big 5 Sporting Goods outlet, located in the County that had been in operation before the 500-foot rule came into effect, and the new zoning restriction did not burden the right to keep and bear arms as it just limited the ability to open new gun stores.

    “In any event, gun buyers have no right to have a gun store in a particular location, at least as long as their access is not meaningfully constrained,” said Berzon.

    The case was brought in 2012 by businessmen John Teixeira, Steve Nobriga and Gara Gamaza who found that the county’s zoning made it impossible to find a commercial property available for which they could open a new gun store.

    The men attempted during a two-year period to comply with the county to serve the San Leandro area and were initially granted a variance from the 500-foot rule to lease a location 446 feet away from a residential area. However, the Board of Supervisors reversed their decision after a local homeowners’ association who were “opposed to guns” objected, leading the entrepreneurs to seek redress with the courts.

    While a District Court upheld the rule, a split three-judge panel of the 9th Circuit in 2016 found Alameda County’s regulations unconstitutional on Second Amendment grounds. The majority noted that county officials should provide evidence showing, for instance, that gun stores increase crime to justify such regulations. That decision, however, was vacated and the case sent for retrial before the larger en banc panel earlier this year.

    In standing fast against the majority opinion in this week’s ruling, two judges, Carlos Bea and Richard Tallman, wrote scathing dissents with the latter chastising the panel for their logic.

    “The impact of this county ordinance on the fundamental rights enshrined in the Second Amendment cannot be viewed in a vacuum without considering gun restrictions in California as a whole,” said Tallman. “I fear today’s decision inflicts yet another wound on our precious constitutional right.”

    The jurist also called attention to the continuing trend in anti-gun rulings issued by the 9th Circuit, which has upheld a string of California laws limiting gun rights.

    “Our cases continue to slowly carve away the fundamental right to keep and bear arms,” said Tallman. “Today’s decision further lacerates the Second Amendment, deepens the wound, and resembles the Death by a Thousand Cuts.”



    guns.com/2017/10/12/federal-court-rules-there-is-no-constitutional-right-to-sell-guns/
    Chris Eger10/12/2017
    Gun Owners of America lifetime member! Same sex marriage is an oxymoron!

  2. #2
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    Default Re: Federal court rules there is no Constitutional Right to Sell Guns

    I bet if you were to file suit that all abortion clinics would have the same requirements liberals would shit monkies.
    Last edited by streaker69; October 16th, 2017 at 01:33 PM.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  3. #3
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    Default Re: Federal court rules there is no Constitutional Right to Sell Guns

    No more sales/repairs to government agencies.

  4. #4
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    Default Re: Federal court rules there is no Constitutional Right to Sell Guns

    Quote Originally Posted by streaker69 View Post
    I bet if you were to file suit that no abortion clinic would have the same requirements liberals would shit monkies.
    That's because killing your baby is a constitutionally protected right.

    Ninth Circus, go figure.

  5. #5
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    Default Re: Federal court rules there is no Constitutional Right to Sell Guns

    If we could pull Paul Ryan and Mitch McConnell down from leadership maybe we could have a chance of breaking up the 9th Circuit into a different configuration where the leftists that are there now only affect a small portion of what it controls now.

  6. #6
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    Default Re: Federal court rules there is no Constitutional Right to Sell Guns

    I was like WTH.. until I remembered where the 9th Circuit court was. Friggin unbelievable

    I hope they can sue for loss and aggravation for the reversal on the variance

    And the HOA thinks the difference in 54 feet is gonna keep them safer?
    Retired US Army
    NRA Life Member, GOA, USCCA
    "Artificial intelligence is no match for Natural Stupidity"

  7. #7
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    Default Re: Federal court rules there is no Constitutional Right to Sell Guns

    Quote Originally Posted by RockIsland View Post
    That's because killing your baby is a constitutionally protected right.

    Ninth Circus, go figure.
    Killing your unborn baby appears to be a protected woman's right....at least in some states. I have no clue why they aren't counted as casualties.

    Quote Originally Posted by Parrisk View Post
    I was like WTH.. until I remembered where the 9th Circuit court was. Friggin unbelievable

    I hope they can sue for loss and aggravation for the reversal on the variance

    And the HOA thinks the difference in 54 feet is gonna keep them safer?
    You apparently have to add additional distance for possible ricochets...and the expensive contractors who repair the damage - when/if it ever occurs.
    - bamboomaster

  8. #8
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    Default Re: Federal court rules there is no Constitutional Right to Sell Guns

    I remember back in the early 80's here in Lancaster when there was a big stink about opening at Adult "Book" store downtown. All the liberals were out screaming about how the religious right was squashing the right of a business to open. I guess since it's guns, it's different.
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  9. #9
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    Default Re: Federal court rules there is no Constitutional Right to Sell Guns

    It's a zoning issue, nothing more. True, it is a highly-restrictive zoning application, but it's not the end of the world.

    The court did not say, "There is no constitutional right to sell guns," they said, "There is no constitutional right to sell guns anywhere."

    The locale's zoning rules are way off the mark, and are anti-gun and discriminatory, but that's what happens when you have zoning ordinances, not unlike some of the crap that occurs when you have home owners' associations and their rules.

  10. #10
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    Default Re: Federal court rules there is no Constitutional Right to Sell Guns

    Quote Originally Posted by streaker69 View Post
    I bet if you were to file suit that all abortion clinics would have the same requirements liberals would shit monkies.
    Didn't Texas try that? Doctors at abortion clinics need to have admitting privileges at a close by hospital.
    https://www.washingtonpost.com/natio...=.4e14605846cb
    This was three years ago. At that time 11 states had similar laws.

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