The plaintiff wishes to open a gun store in Alameda County, Calif., south of San Francisco. County zoning regulations have the effect of prohibiting any new firearms store anywhere within the county’s jurisdiction. Last year, a 2-to-1 decision in the 9th Circuit held: 1. The case should be remanded for fact-finding in the district court, to see if plaintiff is correct about the effect of the zoning regulations. 2. If the plaintiff is correct, the county must provide very strong evidence to justify such a ban. In dissent, Judge Barry G. Silverman argued that issue is trivial, since residents of Alameda County can purchase firearms at locations other than the proposed new store.
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