Judge Rules 2nd Amendment Rights are Not Second Class Rights, State of CA Fights Back
The Calguns Foundation scored a major victory earlier this year in Teixeira v. Alameda County in which the Court held that the Second Amendment right to keep and bear arms extends to protect gun retailers from being shut out of an area by government zoning ordinances.
But now that ruling is at risk.
Alameda County and the State of California are petitioning the court to rehear the case.
They didn’t like the ruling of the three-judge panel, so they want even more judges to weigh in on the issue.
Under the challenged Alameda County ordinance, a new gun store must be located at least 500 feet away from any residentially zoned district, elementary, middle or high school, preschool or day care center, another firearms sales business, or places where liquor is sold or served.
But, according to a scientific study conducted by CGF and other plaintiffs, which included a geographic study of the entirety of Alameda County, there are no parcels within the county that meet the ordinance’s requirements.
Writing for the majority, Judge O’Scannlain held:
“[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…”
“If the right of the people to keep and bear arms is to have any force, the people must have a right to acquire the very firearms they are entitled to keep and to bear. Indeed, where a right depends on subsidiary activity, it would make little sense if the right did not extend, at least partly, to such activity as well….Alameda County has offered nothing to undermine our 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.”
If you can’t tell already, this case is integral to our fundamental rights. We have already won once, but we need to be prepared to fight again if the court grants the wishes of Alameda County and the State.
Please make a tax-deductible donation to support Texeira v. Alameda County.
Help ensure that we have the resources to fight back against an ordinance that drove the ability to exercise gun rights out of an entire geographic area.
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