CGF, Others Seek Review by Full 9th Circuit Court in Major Second Amendment Lawsuit Challenging California Gun Waiting Period Laws
SAN FRANCISCO (February 13, 2017) – Today, attorneys for The Calguns Foundation (CGF), Second Amendment Foundation, and two individual plaintiffs filed a petition with the Ninth Circuit Court of Appeals seeking en banc (full-court) review of a wrongly-decided opinion that overturned the trial court’s judgment that California’s Waiting Period Laws violate the Second Amendment to the United States Constitution.
CGF Executive Director Brandon Combs, who is also an individual plaintiff in the case, issued the following statement:
We’ve all heard the metaphor about boiling a frog: If you put the frog directly into boiling water, it will jump out. But if you put the frog in cool water and slowly turn up the heat, eventually the water will boil and the frog will die.
That’s the tactic the State of California and its Department of Justice are using to implement a sweeping handgun ban, through the Unsafe Handgun Act and related “microstamping” requirement laws, against the law-abiding people in the most populated state in the nation.
The Ninth Circuit announced Tuesday that the opposition in CGF's Second Amendment challenge, Teixeira v. County of Alameda, will be granted a new hearing over whether the Second Amendment protects the commerce of firearms. Judges made decided in a 2-1 ruling that the Second Amendment does protect the right to purchase firearms earlier this year before a federal judge dismissed the case.
BREAKING: Ninth Circuit Court of Appeals Rules for Civil Rights of Gun Dealers, Firearm Buyers in Important Second Amendment Decision
(San Francisco) – Three Second Amendment civil rights groups are hailing a new Second Amendment decision issued by the Ninth Circuit Court of Appeals today. The opinion, issued this morning in the case of Teixeira, et al. v. County of Alameda, held that the Second Amendment right of gun purchasers extends to protect gun retailers from being shut out of an area.
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, pre-school or day care center, another firearms sales business, or places where liquor is sold or served.
Earlier today, the California Department of Justice released proposed “emergency” regulations on the new total possessory ban on “large-capacity” magazines under SB 1446 (2016) and Proposition 63, passed in November.