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Title: Ninth Circuit: Right to Bear Arms Includes Right to Acquire Arms
Source:
Breitbart
URL Source: http://www.breitbart.com/california ... s-includes-right-acquire-arms/
Published: May 16, 2016
Author: Awr Hawkins
Post Date: 2016-05-16 22:55:10 by cranky
Keywords: None
Views: 52300
Comments: 164
Teixeira 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.'” Teixeira 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. In summarizing the latest ruling, the court pointed to the Ninth Circuit’s position 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.” Writing in the Majority Opinion, 9th Circuit Judge Diarmuid O’Scannlain emphasized, “Our forefathers recognized that the prohibition of commerce in firearms worked to undermine the right to keep and to bear arms.” O’Scannlain also pointed to the recognition of the importance of buying and selling firearms from the time of the English Bill of Rights (1689) to founding of the United States. Regarding the era in which the United States was founded, O’Scannlain explained that the states which ratified that Second Amendment did so believing they were not simply protecting a right to keep and bear arms but to buy and sell them as well. He wrote: 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 “[o]ur citizens have always been free to make, vend, and export arms. It is the constant occupation and livelihood of some of them.”
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.
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#3. To: cranky (#0)
So much for original intent.
How so? Do you disagree with what Judge O’Scannlain said, below? Or do you think it doesn't apply if the prohibition of commerce in firearms is disguised as a zoning rule? 'Writing in the Majority Opinion, 9th Circuit Judge Diarmuid O’Scannlain emphasized, “Our forefathers recognized that the prohibition of commerce in firearms worked to undermine the right to keep and to bear arms.” 'O’Scannlain also pointed to the recognition of the importance of buying and selling firearms from the time of the English Bill of Rights (1689) to founding of the United States. 'Regarding the era in which the United States was founded, O’Scannlain explained that the states which ratified that Second Amendment did so believing they were not simply protecting a right to keep and bear arms but to buy and sell them as well. He wrote: '"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 “[o]ur citizens have always been free to make, vend, and export arms. It is the constant occupation and livelihood of some of them.”'
Your ignorance is appalling.
Your evasions are appalling.
Quote one Framer contending that the intent of the 2nd Amendment was to control county zoning laws, ignoramus.
#16. To: Roscoe, ConservingFreedom (#15)
Name one Redcoat who successfully hid behind zoning laws when the militia was shooting at them?
The "original intent" of our Constitution was to support a republican form of government, -- NOT a democracy where the majority rules.. Last I heard, neither roscoe or misterwhite will agree. I'll quote the Constitution; "The right of the people to keep and bear arms, shall not be infringed". -- Even by county zoning laws..
The 14th Amendment did not exist in the times of the Framers. In their time the entire BoR only applied to the Federal Government. See MacDonald v. Chicago, 561 U.S. 742 (2010), Syllabus at 2: See MacDonald, Syllabus at 3: County zoning laws which unduly infringe upon 2nd Amendment rights are unconstitutional.
Top • Page Up • Full Thread • Page Down • Bottom/LatestTeixeira revolves around Alameda County zoning rules
#6. To: Roscoe (#3)
So much for original intent.
#12. To: ConservingFreedom (#6)
How so?
#14. To: Roscoe (#12)
#15. To: ConservingFreedom (#14)
Replies to Comment # 15. Quote one Framer contending that the intent of the 2nd Amendment was to control county zoning laws
#18. To: Roscoe, who supports zoning to ban guns, Y'ALL (#15)
Quote one Framer contending that the intent of the 2nd Amendment was to control county zoning laws, --- roscoe
#19. To: Roscoe, ConservingFreedom (#15)
Quote one Framer contending that the intent of the 2nd Amendment was to control county zoning laws, ignoramus.
(b) The Bill of Rights, including the Second Amendment, originally applied only to the Federal Government, not to the States, see, e.g., Barron ex rel. Tiernan v. Mayor of Baltimore, 7 Pet. 243, 247, but the constitutional Amendments adopted in the Civil War’s aftermathfundamentally altered the federal system.
(d) The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States. Pp. 19–33.
End Trace Mode for Comment # 15.
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