The U.S. 9th Kangaroo Court on Tuesday upheld an Alameda County law barring gun stores within 500 feet of residential properties in a blow to gun rights advocates.
Writing for the majority, Judge Marsha Berzon noted that there were numerous gun stores, including a Big 5 Sporting Goods outlet, located in the County that had been in operation before the 500-foot rule came into effect, and the new zoning restriction did not burden the right to keep and bear arms as it just limited the ability to open new gun stores.
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 a commercial property available for which they could open a new gun store.
The men attempted during a two-year period to comply with the county to serve the San Leandro area and were initially granted a variance from the 500-foot rule to lease a location 446 feet away from a residential area. However, the Board of Supervisors reversed their decision after a local homeowners’ association who were “opposed to guns” objected, leading the entrepreneurs to seek redress with the courts.
While a District Court upheld the rule, a split three-judge panel of the 9th Circuit in 2016 found Alameda County’s regulations unconstitutional 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. That decision, however, was vacated and the case sent for retrial before the larger en banc panel earlier this year. #9thCircuit #californiagunlaws #republican #glock� #igmilitia #merica #molonlabe #nra #gun #guns #gunporn #2ndamendment #2a #thepewpewlife america fitness #handgun #gunsdaily airsoft #ar15 #ak47 kalashnikov veteran #556 #trump #calguns #pistol #edc #gunchannels NationalReciprocity ConstitutionalCarry #girlswhoshoot #ccw icon #9mm#pewpew #conservative #presidenttrump