The Ninth Circuit Court of Appeals in California is arguably the most liberal of all Appellate courts. Despite its Leftist tendencies, it recently ruled in the case of Teixeira vs. Alameda County, the question of whether the ability to buy a firearm was protected under the Second Amendment.
Alameda County, an area directly to the east of San Francisco, has zoning rules for incorporated areas that not only require a gun store owner to obtain requisite local, state, and federal permits for the business, but also make sure “the proposed location of the business is not within five hundred feet of a ‘residentially zoned district; elementary, middle or high school; pre-school or day care center; other firearms sales business; or liquor stores or establishments in which liquor is served.’”
In other words, Alameda carved out enough of the county that fundamentally banned any new firearm store from opening anywhere other than the middle of nowhere in which it would assuredly fail.
Alameda created a backdoor gun ban in which the residents of the county would be denied their Second Amendment rights because they were unable to purchase firearms.
Plaintiff and entrepreneur John Teixeira who sought to open “Valley Guns and Ammo” was denied the appropriate permits because persons within 500 feet of his proposed location complained.
Teixeira didn’t take it lying down and challenged Alameda county in US District Court of Northern California…and lost.
Undeterred he appealed to the 9th Circuit. It was there that some common sense and Constitutional jurisprudence was returned to the case.
The 9th Circuit Court stated that Alameda County:
“had offered nothing to undermine the panel’s conclusion that the right to purchase and to sell firearms is part and parcel of the historically recognized right to keep and to bear arms.”
9th Circuit Judge Diarmuid O’Scannlain, writing in the majority opinion brought down the hammer of history on Alameda’s underhanded and shady attempts to oppress its citizens writing:
“Our forefathers recognized that the prohibition of commerce in firearms worked to undermine the right to keep and to bear arms.”
The historical record indicates that Americans continued to believe that such right included the freedom to purchase and to sell weapons. In 1793, Thomas Jefferson noted that “our citizens have always been free to make, vend, and export arms. It is the constant occupation and livelihood of some of them.”
And BOOM goes the dynamite.
Thomas Jefferson…author of the Declaration of Independence…Founding Father…mic drop.
But seriously, how long will freedom hating liberals continue to spin lies about the Second Amendment when it has been long established that the people who founded this country, those who actually wrote the Bill of Rights (James Madison), the majority of Americans today and the very spirit of what this country was founded on all agree that the Right to Keep and Bear Arms is fundamental to both our liberty and our national identity.
I wish this was a problem that existed only in California but unfortunately even in the Free Commonwealth of Pennsylvania some freedom hating politicians got their way and enacted similar ordinances in the city of Pittsburgh.
2006 Amendments to the city code restrict firearms businesses to Downtown and certain industrial and commercial zones and keep them out of neighborhood business districts. Even where they are allowed, the business can’t be less than 500 feet from schools, playgrounds, nonprofit recreation centers, drug or alcohol rehabilitation facilities, churches, synagogues, temples or gambling spots.
Currently, there are no gun shops in the city of Pittsburgh. They may advertise as being in Pittsburgh but they are technically in the surrounding townships and boroughs.
Why do I have to travel out of my way in order to exercise my rights? Why does anyone?
Hopefully the sage wisdom of 9th Circuit Judge O’Scannlain will become spread and put an end to these infringements upon the Second Amendment.
Tony Oliva is the former Director of Media Relations for Gun Owners of America, writes for Bulletsfirst.net and is a Second Amendment advocate.