On Monday May 16, 2016, history was made in favor of the Second Amendment. Even though The U.S. Court of Appeals for the Ninth Circuit is not known for its conservative values or rulings, this is a major win for the people of the United States and all of us who support the Second Amendment. Finally the Constitution and common sense has come to the forefront, and has taken its rightful place.
The U.S. Court of Appeals for the Ninth Circuit ruled Monday that the right to bear arms has historically included the right to acquire them, and remanded the case of Teixeira v. County of Alameda to the lower court.
Teixeria revolves around Alameda County 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 ‘[r]esidentially 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.’”
After being denied the requisite county permits to open “Valley Guns and Ammo” — due to complaints of persons within 500 feet of the proposed business — Plaintiff John Teixeira contended that the “500-foot rule” was tantamount to a backdoor ban on gun stores. And while there was some question over the exact distance between the proposed store and some of those who complained, the issue for Teixeira turned on the right of due process and other rights protected by the Second Amendment.
Teixeira challenged Alameda County’s decision in the United States District Court for the Northern District of California and lost. He then appealed the case to the 9th Circuit Court, where the ruling has remanded the case to the lower court.
Again this is a big win for the US Constitution, the 2nd Amendment, and every red blooded American that supports Gun Rights. I would like to give a big THANK YOU to the Ninth Circuit Court for its ruling.