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| Court: Counties can restrict the location of gun stores https://www.waguns.org/viewtopic.php?f=47&t=85188 |
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| Author: | cdoniguian [ Wed Oct 11, 2017 12:42 pm ] |
| Post subject: | Court: Counties can restrict the location of gun stores |
http://www.pressdemocrat.com/news/75151 ... strict-the Here is a snippet of the article: ASSOCIATED PRESS BY ASSOCIATED PRESS | October 11, 2017, 8:03AM SAN FRANCISCO — Counties can restrict the location of gun stores without violating the Second Amendment, a federal appeals court said Tuesday. The ruling by an 11-judge panel of the 9th U.S. Circuit Court of Appeals upheld a California county's ordinance banning new gun stores within 500 feet (152 meters) of schools, day-care centers, residential areas, liquor stores and other gun shops. A majority of the panel said the law did not violate the Second Amendment right to bear arms of would-be gun owners because there were other stores in the county where they could buy a gun. "Gun buyers have no right to have a gun store in a particular location, at least as long as their access is not meaningfully constrained," Judge Marsha Berzon said. The majority also rejected the argument that gun sellers' Second Amendment rights were violated, saying there is no constitutional right to sell guns. |
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| Author: | mislabeled [ Wed Oct 11, 2017 1:36 pm ] |
| Post subject: | Re: Court: Counties can restrict the location of gun stores |
cdoniguian wrote: http://www.pressdemocrat.com/news/7515167-181/court-counties-can-restrict-the Here is a snippet of the article: ASSOCIATED PRESS BY ASSOCIATED PRESS | October 11, 2017, 8:03AM SAN FRANCISCO — Counties can restrict the location of gun stores without violating the Second Amendment, a federal appeals court said Tuesday. The ruling by an 11-judge panel of the 9th U.S. Circuit Court of Appeals upheld a California county's ordinance banning new gun stores within 500 feet (152 meters) of schools, day-care centers, residential areas, liquor stores and other gun shops. A majority of the panel said the law did not violate the Second Amendment right to bear arms of would-be gun owners because there were other stores in the county where they could buy a gun. "Gun buyers have no right to have a gun store in a particular location, at least as long as their access is not meaningfully constrained," Judge Marsha Berzon said. The majority also rejected the argument that gun sellers' Second Amendment rights were violated, saying there is no constitutional right to sell guns. I assume this could be used as precedence to confirm the constitutional right to make guns? As in for personal use? Because that's certainly something the antis would like to do away with. If you can restrict where guns are sold, plus restrict who can make them, well, that there isn't a whole lot left, is there? |
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| Author: | cdoniguian [ Wed Oct 11, 2017 2:15 pm ] |
| Post subject: | Re: Court: Counties can restrict the location of gun stores |
Also noted in the same AP article as the original post: "The ruling overturned a decision last year by a three-judge panel of the 9th Circuit that said the Second Amendment extends to gun stores and requires governments to justify restrictions on them. That panel in a 2-1 decision said Alameda County had to present evidence to justify the restriction on gun store locations." So, the case had the full panel of judges come back this year and overrule last year's three-judge decision. |
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| Author: | mcyclonegt [ Wed Oct 11, 2017 4:36 pm ] |
| Post subject: | Re: Court: Counties can restrict the location of gun stores |
I would expect nothing less from the 9th circus. This really has nothing to do with 2A. It has to do with cities being able to control who builds what, when, and where. Are other businesses restricted? Other than strip clubs. |
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