USSC: Can Governments Ban Gun Stores? Amicus Brief in Supreme Court Case

Discussion in 'National Laws, Bills and Politics' started by UtiPossidetis, Feb 11, 2018.

  1. UtiPossidetis

    UtiPossidetis American

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    https://reason.com/volokh/2018/02/09/can-governments-ban-gun-stores-amicus-br

    Can a county prohibit all new gun stores within its jurisdiction? That question is currently before the U.S. Supreme Court, in a petition for certiorari. Today I filed an amicus brief arguing that the Court should grant cert.

    The case began several years ago, when Alameda County forbade John Teixeira and his partners to open a gun store anywhere within the jurisdiction of the county. The plaintiffs are represented by Alan Gura (winning attorney in District of Columbia v. Heller, and many other important Second Amendment cases), and Don Kilmer (the leading pro-Second Amendment attorney in Northern California). They lost in the district court, and then won a 2-1 decision from a Ninth Circuit panel. (Here's my previous VC article analzying the panel decision). The County then petitioned for en banc review, which was granted. (Here's Eugene Volokh's article on one of the briefs arguing against an en banc grant.)........
     
  2. Nemo

    Nemo Man of Myth and Legend

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    So, District Court denied plaintiff, Appellate Panel Reversed and Full Court of Appeals reversed the panel and affirmed the DC. Correct?

    Nemo
     

  3. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Correct. No Second Amendment right to engage in firearms commerce.

    The link in the quote is active, and it will take you to Volokh's amicus brief.
     
  4. GAfirearmsReference

    GAfirearmsReference Weapons Law Booklet

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    A year ago, the 7th Circuit U.S. Court of Appeals ruled that the Second Amendment is violated when a city or county unreasonably uses zoning ordinances to block gun stores from opening.

    http://www.chicagotribune.com/news/...go-gun-range-restrictions-20170118-story.html

    The U.S. Supreme Court is more likely to take a case when there is a "split" of opinions among different parts of the country on a national issue, especially the federal constitution, which is supposed to be applied the same way everywhere (in every state and city and county, not to say that "the same everywhere" means the law has to treat carrying in a coffee shop the same as carrying in a courthouse.)