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of the intervening highway, the county zoning board initially awarded a variance to the 500-foot rule, but the variance was revoked after a successful appeal by a local homeowners’ association that included members who “are opposed to guns and their ready availability and therefore believe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
Biden Plots Sneak Attack Against U.S. Firearms Industry

News  

Monday, January 25, 2021

Biden Plots Sneak Attack Against U.S. Firearms Industry

Joe Biden has unveiled his agenda for his first 100 days in the White House, and his list includes an initiative aimed at nothing less than the destruction of the U.S. firearms industry. This is ...

Anti-Gun Groups Want to Abolish What Law-Abiding Virginians Have been Doing for Centuries

News  

Monday, January 25, 2021

Anti-Gun Groups Want to Abolish What Law-Abiding Virginians Have been Doing for Centuries

Last year, the anti-Second Amendment majority in the Virginia legislature that was purchased by gun-ban extremists passed a number of anti-gun measures. Anti-gun activists even demanded an opportunity to gloat over what they had bought.

President Trump’s Executive Order Expands LEOSA Carry Rights

News  

Thursday, January 21, 2021

President Trump’s Executive Order Expands LEOSA Carry Rights

On January 18th, President Trump signed an “Executive Order on Protecting Law Enforcement Officers, Judges, Prosecutors, And Their Families.” The order aims to provide for more federal law enforcement officers, prosecutors, and judges to be able to ...

Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Thursday, January 21, 2021

Washington: Vague Carry Ban and Rehashed Mag Ban Introduced and Scheduled for Hearings Next Week

Next week, anti-gun legislation, Senate Bill 5078 and Senate Bill 5038, are scheduled for hearings in the Senate Law and Justice Committee. 

Gun Control Groups Push Hollywood to Produce Even More Anti-gun Propaganda

News  

Monday, January 25, 2021

Gun Control Groups Push Hollywood to Produce Even More Anti-gun Propaganda

Gun control advocates are once again pushing the entertainment industry to produce anti-gun propaganda with the explicit goal of advancing failed firearm legislation. The renewed overt effort will strike some as superfluous, given Hollywood’s lengthy track record of anti-gun agitprop and left-wing political monoculture.

Maryland: Senate Committee Passes Wear & Carry Preliminary Approval

Monday, January 25, 2021

Maryland: Senate Committee Passes Wear & Carry Preliminary Approval

On January 21st, the Senate Judicial Proceedings Committee voted unanimously to pass Senate Bill 309.

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

News  

Tuesday, January 19, 2021

“Unity” President Vows to “Defeat” America’s Oldest and Largest Civil Rights Group

Biden issued this “pledge” in a January 8 tweet that falsely tried to suggest the men and women of the NRA were somehow implicated in an infamous crime that was committed a decade ago by ...

Florida Alert! Gun Bills Filed in Florida - SO FAR

Friday, January 15, 2021

Florida Alert! Gun Bills Filed in Florida - SO FAR

As Legislators begin to file bills for the 2021 Florida Legislative Session, we are getting questions about various bills due to media reports on gun bills.  Below is a partial list of bills we will ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

New Mexico: Committee Hearing Set for Wednesday on House Bill 102, Taxpayer-Funded Promotion of Gun Control

Tuesday, January 26, 2021

New Mexico: Committee Hearing Set for Wednesday on House Bill 102, Taxpayer-Funded Promotion of Gun Control

Local gun control activists are actively supporting House Bill 102, sponsored by Rep. Gail Chasey (D-ABQ), given the relatively benign title "Violence Intervention Prevention Act."

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.