Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Ninth Circuit Holds that Second Amendment Protects the Right to Acquire Firearms

Monday, May 23, 2016

Ninth Circuit Holds that Second Amendment Protects the Right to Acquire Firearms

On Monday, the United States Court of Appeals for the Ninth Circuit held that the right to keep and bear arms necessarily includes the right to acquire them.  The case, Teixeira v. County of Alameda, involves a challenge to an Alameda County zoning ordinance that prohibits gun stores from operating within 500 feet of a residentially zoned district.  

The plaintiffs in the case wished to open a gun store that was 446 feet away from the nearest residential property and was also separated from the residences by a major interstate highway.  Because of the intervening highway, the county zoning board initially awarded a variance to the 500-foot rule, but the variance was revoked after a successful appeal by a local homeowners’ association that included members who “are opposed to guns and their ready availability and therefore believe that gun shops should not be located within [their] community . . . “  

While basic logic seems to demand that the right to keep and bear arms would be hollow without the right to acquire them, the county nonetheless argued against the existence of a right to acquire arms by defending its ordinance. 

While basic logic seems to demand that the right to keep and bear arms would be hollow without the right to acquire them, the county nonetheless argued against the existence of a right to acquire arms by defending its ordinance.  In making this argument, the county relied on a single line from the Supreme Court’s decision in District of Columbia v. Heller.  That line provides that “nothing in [the] opinion should be taken to cast doubt on longstanding . . . laws imposing conditions and qualifications on the commercial sale of arms.”  Again, it shouldn’t take a law degree to understand that an ordinance that prohibits any new gun store from opening within a county is neither a “condition” nor a “qualification” on the commercial sale of arms because a “condition” or “qualification” would require that commercial sales were actually taking place.  Unfortunately, the lower court accepted this illogical argument with little explanation for how its decision complied with the Second Amendment.  

The Ninth Circuit overruled the lower court on Second Amendment grounds after conducting a thorough historical analysis and finding no evidence to support the county ordinance as the type of “longstanding” law mentioned in Heller.  The court even cautioned the lower court that if the ordinance truly has the effect of prohibiting new gun stores within the county, that the lower court must apply something akin to the highest level of judicial scrutiny, which the ordinance would almost certainly fail.  

While the case is far from over for the plaintiffs, as they must now go back to have their case heard in the lower court, the decision currently stands as one of the few opinions to expressly recognize the right to acquire firearms and the corresponding right to sell them.  This case also serves as just one more example of the seemingly endless lengths that anti-gun advocates will stretch the law to defend their overbroad and ineffective gun-control laws.   

 

IN THIS ARTICLE
Second Amendment Legal
TRENDING NOW
ATF Proposes Helpful Reforms for Travel with NFA Items

News  

Monday, December 8, 2025

ATF Proposes Helpful Reforms for Travel with NFA Items

Until the National Firearms Act is a relic of the past, every little bit that makes it easier to navigate can surely help. In recent weeks, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) ...

UK Continues Perilous Slide into 1984 Territory

News  

Monday, December 8, 2025

UK Continues Perilous Slide into 1984 Territory

By now, many of you have probably heard about the British subject (we are not really sure they should be called citizens anymore) who, after visiting the United States and enjoying the firearm freedoms many ...

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

News  

Monday, December 8, 2025

Latest Anti-Gun Task Force Report Delivers Next Wish List for Michigan Prohibitionists

Joe Biden has been out of office for over 300 days now, but his anti-gun legacy lingers, including in the form of a playbook left behind for anti-liberty governors (hello, Governor Gretchen Whitmer!) to consult. NRA-ILA ...

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

News  

Monday, December 8, 2025

The Kids are Alright: Distrust of Mainstream Media Peaks with Gen Z, Alpha

A few weeks ago, an alert discussed the Gallup organization’s polling that tracks historic changes in the public’s perception of mass media (newspapers, TV, and radio). Since 1972, Gallup has been asking Americans about their “trust and ...

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

Thursday, December 4, 2025

New Jersey: Senate Committee Passes Attack on Garden State Shooting Ranges

On Thursday, December 4, the Senate Law & Public Safety Committee advanced legislation that could potentially weaponize local zoning laws against outdoor shooting ranges. According to the bill statement, “This bill requires a municipality in which ...

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

Thursday, December 11, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Case of Virginia CCW Holder Arrested While Traveling Through Maryland

The National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus, and Citizens Committee for the Right to Keep and Bear Arms in filing ...

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Thursday, December 11, 2025

Third Circuit Grants Rehearing En Banc in NRA-Supported Challenge to New Jersey’s Carry Restrictions

Today, the Third Circuit Court of Appeals granted rehearing en banc in Siegel v. Platkin, an NRA-supported challenge to New Jersey’s carry restrictions.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.