9th Circuit Court Declares That Second Amendment Rights Are Not Second Class Rights

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9th Circuit Court Declares That Second Amendment Rights Are Not Second Class Rights
Second Amendment Foundation
Second Amendment Foundation

San Francisco –  -(Ammoland.com)- Three civil rights groups are hailing a new Second Amendment decision issued by the Ninth Circuit Court of Appeals today. The opinion, issued this morning in the case of Teixeira, et al. v. County of Alameda, held that the Second Amendment right of gun purchasers extends to protect gun retailers from being shut out of an area.

“Today, the Court appropriately reminded the County that civil rights can’t be outlawed through piles of regulation. We look forward to securing Second Amendment rights through this case and many others to come,” concluded Brandon Combs, executive director of The Calguns Foundation. “We’re very happy to see the Court take a very principled and reasoned approach to protecting the fundamental, individual right to keep and bear arms.”

Under the challenged Alameda County ordinance, a new gun store must be located at least 500 feet away from any residentially zoned district, elementary, middle or high school, pre-school or day care center, another firearms sales business, or places where liquor is sold or served.

But, according to a scientific study conducted by the plaintiffs that included a Geographic Information Systems (GIS) study of the entirety of Alameda County, there are no parcels within the county that meet the ordinance’s requirements.

That, plaintiffs argued, effectively constitute a ban on the opening of gun stores and an infringement of Second Amendment rights.

“Given California’s legal requirements to use licensed dealers for firearm transfers and background checks, it’s important that retailers are able to open their doors—and keep them open.”

Today’s decision was clear that the Second Amendment doesn’t protect second-class rights.

Writing for the majority, Judge O’Scannlain held that the “right of law-abiding citizens to keep and to bear arms is not a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees…”

“If the right of the people to keep and bear arms is to have any force, the people must have a right to acquire the very firearms they are entitled to keep and to bear. Indeed, where a right depends on subsidiary activity, it would make little sense if the right did not extend, at least partly, to such activity as well….Alameda County has offered nothing to undermine our conclusion that the right to purchase and to sell firearms is part and parcel of the historically recognized right to keep and to bear arms.”

In response to the decision, CAL-FFL President Michael Baryla noted that “the Second Amendment can only be exercised if law-abiding people are allowed access to firearms and ammunition. This win is one more reminder that access to firearms is, in fact, an integral part of the core right.”

Plaintiffs on the case include three individuals who seek to open a new gun store in Alameda County. They were joined by gun rights groups The Calguns Foundation, California Association of Federal Firearms Licensees, and the Second Amendment Foundation.

A copy of the decision issued today can be found at https://www.calgunsfoundation.org/wp-content/uploads/2016/05/2016-5-16-ca9-teixeira-alameda.pdf.

Ninth Circuit Court of Appeals Decision ~ Teixeira, et al. v. County of Alameda by AmmoLand Shooting Sports News

The Calguns Foundation (www.calgunsfoundation.org) (CGF) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to advance Second Amendment and related civil rights.

California Association of Federal Firearms Licensees (www.calffl.org) (CAL-FFL) is a 501(c)6 nonprofit organization serving its members and the public through direct and grassroots issue advocacy, regulatory input, legal efforts, and education. CAL-FFL’s membership includes firearm dealers, training professionals, shooting ranges, licensed collectors, others who participate in the firearms ecosystem.

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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“Second Amendment Rights Are Not Second Class Rights” But of course, the 2nd Amendment is nowhere near the Inalienable right of the First Amendment Many Gun owners like to define the right to own a gun as an “inalienable right”. The 2nd Amendment right to Gun ownership meets the definition of a privilege (similar to the right to apply for a driver’s license). But does not meet the definition an inalienable right like the First Amendment right to freedom of speech and freedom of religion An”inalienable right ” is defined as “a right according to natural law, a right that… Read more »


Read the Constitution Dave W !


Our Founding Fathers wrote the 2nd Amendment very carefully. The phrase “The People” (as used in the entire Constitution, at the time it was written) specifically referred to adult citizens who were eligible to vote and to participate in a militia. Congress may, indeed, enact legislation that specifically defines those “categories.” For instance, laws can certainly and legitimately a) specify where adulthood/age-of-legal-responsibility begins [age 16? 18? 21? 25?]… or b) exclude classes of non-citizens (foreign-exchange students, illegal immigrants, etc)… or c) specify that convicted felons and/or dishonorably-discharged ex-military cannot serve in militias (thus revoking their 2nd Amendment rights)… or d)… Read more »


At a time when even liberal groups such as LGBT are protesting the same issues conservatives are protesting, it’s time the politicians (are you listening Newsome, De Leon, Harries, et al?) quit attacking guns and lawful, law abiding gun owners, and do something about the underlying issues of mental health (without using that as an excuse to bar the masses from ownership) and criminal enterprises and criminal individuals… including those who have entered this country without being approved. Millions of us, as members of the armed forces, risked our lives to “protect and defend the Constitution against all enemies foreign… Read more »


Dave W. Thank you for your service!


I second that ! I have always had so much respect for our military service members ! Past,present and future.


Great news! Feels good when we win one.


You’re right it is ! It’s a damn shame that we’re in a situation that we have to ‘win one’ though.


Wonder if they could get the court to extend this ruling to ALL the ASININE anti-gun laws that the liberal democrat communists are passing in Sacramento.