The Second Amendment is under attack in none other than the very blue state of California. As I’ve said previously, the strategy from the Left to chip away at the Second Amendment is to restrict our ability to exercise the right to the point that it is rendered moot, which is exactly what we’re seeing.
The U.S. Ninth Circuit on Tuesday vacated a ruling against an Alameda County law barring gun stores within 500 feet of residential properties and ordered a rehearing.
The appeals court, the largest in the country and staffed primarily by appointments by Democrat Presidents, handed down its order citing that a majority of non-recused active judges from the Circuit voted to rehear the case. An 11-judge panel formed for an en banc review will rehear the case.
The court also instructed the circuit that the ruling in the case of Teixeira v. County of Alameda County should not be cited until after the review is complete.
The case was brought in 2012 by businessmen John Teixeira, Steve Nobriga and Gara Gamaza who found that the county’s zoning made it impossible to find commercial property available on which they could open a new gun store.
The extremely restrictive regulation in the county was attempted for over two years to be complied with by the men who simply wanted to open a gun store to serve the San Leandro area.
Eventually, the men were granted a variance that allowed them to open a store 446 feet from a residential area — just short of the 500-feet restriction.
The variance was overturned by the Board of Supervisors after the complaints of a local homeowners association that was “opposed to guns.”
After trying for years to comply and having their variance overturned, the entrepreneurs had to head to the courts to seek justice.
A District Court upheld the rule but a three-judge panel of the Ninth Circuit found Alameda County’s restriction unconstitutional via a majority decision on Second Amendment grounds. “The majority noted that county officials should provide evidence showing, for instance, that gun stores increase crime to justify such regulations,” Guns.com reported.
“[T]he County has failed to justify the burden it has placed on the right of law-abiding citizens to purchase guns,” Circuit Judge Diarmuid O’Scannlain wrote in the decision back in May. “The Second Amendment requires something more rigorous than the unsubstantiated assertions offered.”
The entrepreneurs were backed in their pursuit of their rights by numerous gun rights organizations: the Calguns Foundation, the California Association of Federal Firearm Licensees, and the Second Amendment Foundation.
Brandon Combs, executive director of The Calguns Foundation, told Guns.com: “The Ninth Circuit’s decision to vacate yet another well-reasoned Second Amendment decision is disappointing, but we will continue to fight as long as it takes to restore freedom and prevail.”
He added, “If the Second Amendment is going to survive and mean anything at all in oppressive states like California, New York, Maryland, Hawaii, and others, the Supreme Court is going to have to weigh in strongly, and soon.”
Guns.com reported: “In 2015 the Ninth Circuit voted to vacate and rehear via an en banc panel a pair of gun rights victories, Peruta v. San Diego and Richards v. Yolo County, that stood to upset California’s strict “may-issue” guidelines for concealed carry. Both cases were overturned this summer 7-4.”
It’s incredibly sad that Americans have to fight like this for a right that is spelled out in the Constitution against those that wish to dismantle the right to keep and bear arms.
That said, it is incredibly hopeful to see that people are willing to stand up for this critical right.
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