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of the intervening highway, the county zoning board initially awarded a variance to the 500-foot rule, but the variance was revoked after a successful appeal by a local homeowners’ association that included members who “are opposed to guns and their ready availability and therefore believe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
Joe Biden: Hero Who Ended Texas Rampage Shouldn’t Have Had His Gun

News  

Second Amendment  

Friday, November 17, 2017

Joe Biden: Hero Who Ended Texas Rampage Shouldn’t Have Had His Gun

Most Americans consider Stephen Willeford a hero for bravely ending the rampage of a crazed murderer at a Texas church … but not former Vice President Joe Biden. During a national television appearance on Monday, ...

Muzzleloaders Now Targeted by “Giffords” Gun Prohibition Lobby

News  

Friday, November 17, 2017

Muzzleloaders Now Targeted by “Giffords” Gun Prohibition Lobby

It didn’t take long after the events in Las Vegas, Nevada for gun control advocates to resort to their usual tactic of blaming hardware for the acts of an evil man. Numerous anti-gun bills were ...

When Gun Control Fails

News  

Second Amendment  

Friday, July 21, 2017

When Gun Control Fails

Gun control is pushed as a strategy to keep Americans safe in their homes, schools and workplaces. It is presented as the key component in safer streets, neighborhoods and families. But what happens when gun ...

With ‘Firearm’ Offenses up 27-percent, UK Holds National Gun Surrender

News  

Friday, November 17, 2017

With ‘Firearm’ Offenses up 27-percent, UK Holds National Gun Surrender

Anti-gun advocates like Gun Control Network Chair Gillian Marshall-Andrews tout the United Kingdom’s longstanding firearms restrictions, which include a near total ban on handguns, as the “gold standard” of gun control. In recent years, UK ...

Dianne Feinstein Wants to Ban Commonly Owned Semi-Autos, Again!

News  

Thursday, November 9, 2017

Dianne Feinstein Wants to Ban Commonly Owned Semi-Autos, Again!

Senator Dianne Feinstein introduced S. 2095, which she is calling the Assault Weapons Ban of 2017. The 125-page firearm prohibition fever dream is perhaps the most far-reaching gun ban ever introduced in Congress.

Terry McAuliffe’s Halfway Heroism

News  

Second Amendment  

Friday, November 17, 2017

Terry McAuliffe’s Halfway Heroism

Virginia Governor Terry McAuliffe has recently been distinguished by Governing magazine as one of its “Public Officials of the Year.” According to the magazine, Gov. McAuliffe claims his “proudest single achievement” in office has been restoring ...

This Man Did Not Write A Second (Class) Amendment

News  

Second Amendment  

Friday, November 3, 2017

This Man Did Not Write A Second (Class) Amendment

Courts are telling gun owners that they must choose between their Second Amendment-protected rights and their other constitutional rights. 

Gun Controllers Choose to Ignore Cases of Good Guys with Guns

News  

Second Amendment  

Friday, November 17, 2017

Gun Controllers Choose to Ignore Cases of Good Guys with Guns

Less than three hours after the tragedy at the First Baptist Church in Sutherland Springs, Texas, Sen. Chris Murphy (D-Conn.) was looking to score political points. As is his custom, Murphy fired off a tweet admonishing his ...

Revolving Door Of Wrong Solutions

News  

Wednesday, November 15, 2017

Revolving Door Of Wrong Solutions

There are plenty of pundits who also seem more enamored with the idea of doing something big than doing something that works. The Boston Globe recently devoted space to the argument that “if gun-control advocates really want to stanch the blood, there’s ...

Free Beacon  

Thursday, November 16, 2017

Gabby Giffords’s Gun Control Group Releases Report Warning of Muzzleloaders, Other Firearms

Former congresswoman Gabby Giffords's gun control group released a report on Wednesday warning of the dangers of muzzle loading rifles, a number of other firearms, and some firearms accessories and calling for new gun control ...

MORE TRENDING +
LESS TRENDING -
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.