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of the intervening highway, the county zoning board initially awarded a variance to the 500-foot rule, but the variance was revoked after a successful appeal by a local homeowners’ association that included members who “are opposed to guns and their ready availability and therefore believe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
Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

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

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

Saturday, January 10, 2026

New Jersey: Senate Adds Pair of Gun Bills To Monday’s Agenda

The year may have changed, but the mission of anti-gun lawmakers in Trenton has not.   Late Friday, the legislature posted two anti-Second Amendment bills for floor action Monday, January 12 in the Senate.

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

California: Committee to Reconsider Concealed Carry License Extension Bill

Friday, January 9, 2026

California: Committee to Reconsider Concealed Carry License Extension Bill

On Tuesday, January 13th, the Assembly Committee on Public Safety will reconsider Assembly Bill 1092, legislation that extends the validity period of Carry Concealed Weapons (CCW) licenses, for a vote only; no public testimony will ...

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

Thursday, December 18, 2025

DOJ Defends Federal Firearms Registration in NRA Challenge to the NFA

In the NRA’s case, Brown v. ATF, the Department of Justice filed its opposition to the plaintiffs’ motion for summary judgment, along with its own cross-motion, defending the National Firearms Act of 1934’s registration requirement for suppressors, short-barreled ...

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

News  

Tuesday, January 6, 2026

Sole Remaining Municipal Gun-Industry Lawsuit Grinds to Final Defeat

In 1999, when the rest of the country was fretting over the potential Y2K disruption of worldwide computer systems, the City of Gary, Indiana launched its lawsuit against handgun manufacturers, retailers and a wholesaler, raising ...

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

News  

Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

U.K. Moves to Legally De-suppress Suppressors

News  

Monday, July 14, 2025

U.K. Moves to Legally De-suppress Suppressors

On July 4th, President Donald Trump signed into law his “One Big Beautiful Bill,” which included a provision that eliminated the tax stamp fee of $200, but did not deregulate suppressors under the National Firearms ...

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.