A U.S. Ninth Circuit Court of Appeals panel has ruled that “the right to purchase and sell firearms is part and parcel of the historically recognized right to keep and bear arms.”
The 2-1 majority opinion was written by Judge Diarmuid F. O’Scannlain, with a partial dissent and partial concurrence by Judge Barry G. Silverman. In it, the judge reiterated language from the 2010 Supreme Court ruling in McDonald v. City of Chicago, noting “The right of law-abiding citizens to keep and to bear arms is not a ‘second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees that we have held to be incorporated into the Due Process Clause.’”
Plaintiffs in the case were the Second Amendment Foundation, the California Association of Federal Firearms Licensees, the Calguns Foundation, Inc., and three businessmen, John Teixeira, Steve Nobriga and Gary Gamaza. It is known as Teixeira v. Alameda County.
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The case challenged an Alameda County ordinance that prohibits gun stores from being located within 500 feet of a residential zone.
Judge O’Scannlain wrote that, “the Ordinance burdened conduct protected by the Second Amendment and that it therefore must be subjected to heightened scrutiny—something beyond mere rational basis review.” Calguns Foundation has posted the opinion here.
Plaintiffs were represented by veteran California attorney Don Kilmer.
“This is an important decision,” said SAF founder Alan Gottlieb. “It remands the case back to the lower court for further proceedings consistent with the ruling as it pertains to the Second Amendment.”