A recent court case in California could have long reaching implications for Second Amendment rights and the way firearms can be sold to the public.
The case, Teixeira v. County of Alameda, has not gotten a lot of attention, but could drastically impact the ability of individuals to sell firearms in private party sales. As it stands, the 9th U.S. Circuit Court of Appeals decision is a victory for those who wish to limit gun and firearm sales.
In the case, an individual wanted to open a full-service firearms shop; the intended location fell into a zone that required a conditional permit. In this location, a conditional permit is needed to open a gun shop near a school, daycare, residential area, liquor store or other firearms location. In short, the current law makes it very difficult to open a facility at all, since pretty much every location in the county is near one of the outlawed facilities or near a residential neighborhood.
The business owner challenged the ordinance, but was struck down by the court. Both the original decision and the appeal ruled in favor of the county, restricting the shop owners second amendment rights. As the plaintiff and business owner pointed out, restricting their ability to open a shop at all also prevented local citizens from purchasing firearms, potentially impacting their Second Amendment rights as well.
Should the plaintiff wish to appeal, the case could be heading to the U.S. Supreme Court, where justices would address whether the county’s ordinance and the court ruling were truly constitutional. The argument that prospective customers might not be able to buy firearms is not at the heart of the case; there are other gun shops nearby — the county could be infringing upon the owner’s Constitutional rights.
California’s 9th Circuit is already well-known for supporting laws and rulings that limit the rights of gun owners. In recent years, the court has upheld restrictive concealed carry laws and with this recent case, restricted the rights of business owners as well. Will this be the case that requires the Supreme Court to weigh in and clarify what rights individuals have to sell firearms and establish businesses under the Second Amendment?
As more and more locales seek to restrict rights, particularly in Democrat led areas, it may be time for the highest court in the nation to make rulings that clarify the protections the Constitution holds for law abiding citizens.
~ Firearm Daily