Supreme Court Rejects Another Gun Rights Case

Gun Permit Denied
Supreme Court Rejects Another Gun Rights Case

U.S.A.-(Ammoland.com)- The United States Supreme Court refused to hear an appeal of the 9th circuit ruling in the Teixeira v. Alameda County case.

In 2010, John Teixeira wanted to open a gun shop in Alameda County five miles south of Oakland, California in the unincorporated neighborhood of San Lorenzo. He planned on not only selling guns but also offering gun-safety training and firearms repairs. The Alameda County zoning office denied the permit because it was less than 500 feet from residential properties.

Alameda County has an ordinance that banned new gun shops within 500 feet of schools, daycare centers, liquor stores or bars, other gun stores, and residential districts. This ordinance made it impossible for any new gun store from opening in the county.

Teixeira sued Alameda County for infringing on his 2nd Amendment rights. Several gun-rights groups joined him in the lawsuit against the California County. The fear is that zoning boards could use regulations to prevent gun stores from opening across the state and the country.

By changing zoning laws, local zoning boards can add so many regulations that it can make it impossible for someone to open up a firearms store. Gun-rights advocates argue that anti-gun officials could use this tactic as a de facto ban on gun shops similar to what happened in Alameda County.

Alameda County argued that there were already multiple gun shops, so they were within their rights to prevent another gun store from opening in their jurisdiction. Alameda County includes the Bay Area and Silicon Valley, which is one of the most liberal areas in the country.

In a 9-2 ruling, the 9th Circuit Court of Appeals ruled that the 2nd Amendment does not guarantee the right to sell guns. The San Francisco court is known for being extremely liberal. Conservatives have long accused the 9th Circuit Court of “legislating from the bench.”

Teixeira's attorney likened the banning of gun stores to the banning of bookstores. They argued that bookstores couldn’t be banned because it would be considered a violation of the 1st Amendment so if bookstores can’t be banned then gun stores should be protected as well. The 9th Circuit Judge Marsha Berzon rejected this comparison outright.

Berzon said bookstores “are themselves engaged in conduct directly protected by the First Amendment” while “the act of selling firearms is not part or parcel of the right to ‘keep and bear arms.'”

The United States Supreme Court has avoided taking action on guns rights cases since the Heller decision in 2008 and 2010.

SCOTUS has rejected taking up cases against the Maryland “Assualt Weapons” ban, and an appeal by a person who claimed that open carrying a gun in public was protected under the 2nd Amendment.

There was hope that SCOTUS would take up more gun-rights cases with the appointment of Neil Gorsuch to the bench. Unfortunately, SCOTUS has continued the trend of not hearing 2nd Amendment cases.

Gun rights advocates are disappointed in the court's decision to not to hear the case. The Court did not offer any reason for why they rejected hearing the appeal of Teixeira v. Alameda.

“While disappointed that again SCOTUS avoids ruling on Second Amendment issues, voters need to do their job of changing local ordinances and state law, and of changing the people making the laws,” said Willes K. Lee President, National Federation of Republican Assemblies. “These statues promulgate even more confusing local de facto gun bans, further infringing on our right to defend ourselves. This also highlights the need for more Trump-appointed Supreme Court justices and a thorough cleansing of the leftist 9th Circuit.”

With more gun-rights cases heading to the Supreme Court, gun-rights groups are left wondering when the Court will finally hear a gun-related case. With the Circuit Court of Appeals being packed with advocate judges, the Supreme Court is our only defense against the Draconian laws that infringe on our Constitutional rights. Whether they will do their job is the question.

About John CrumpJohn Crump

John is a NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement including 3%'ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on the history of the patriot movement and can be followed on Twitter at @crumpyss or at www.crumpy.com.

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David
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David

1.omplaint is: There is to many Gun Dealers Gun Stores is Class-1 Is (01&Class-2 Is (02) too! Most of them are Smaller Gun Stores too. Solution is I do agree! Solution is: They Need to be cut way down too. I agree! In the east cost of 1/3 of the U.S.A too! To many smaller Gun Dealers Gun Stores too! An to N.F.A Gun Stores Is Class-3 Is (09) too! I say 0.75) % needs to be cut off too! By The A.T.F E.A Division too! Solution is Cut there Renal s Applications off too. If Rules are broken too!… Read more »

RMil
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RMil

What ? I’m no English Professor, but somebody needs a little help here… Am I the only person that doesn’t understand a single sentence ?…too ! GEEEZZZZ !!!

MB
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MB

Crack is a really bad drug. Dave needs professional help… Or his cat was walking on his keyboard again.

Porkchop6209
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Porkchop6209

I think Hogg wrote that.

Oldvet
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Oldvet

Comment…Typical liberal Troll , Probably an illegal , probably a college professor .

Muckraker
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Muckraker

Let me translate. Sit home on Election Day. Let the Libs run wild. Gun grabbers will get elected. Just look at New Jersey and Colorado. Pro-gun folks sat home on their assed. Gun grabbers got elected. The next election load up your vans full of your beer drinking buddies and drag them to vote. Tell them who is NRA enforced if they are too stupid to look it up. Give them a marked up sample ballot to bring into the booth. I do it every election to keep the Libs out of office. Once the Libs are in office it… Read more »

Nottinghill
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Nottinghill

From the ConstitutionalAlly: We need Congress to hold Hillary Clinton and Barack Obama accountable. Click here to take action and sign the national petition!
Sign and send our national petition urging Congress to reprimand Barack Obama for his illegal acts as president!
http://action.politicalmedia.com/ctas/tell-congress-to-pursue-late-impeachment-hillary-clinton-barack/letter

Alan
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Alan

Nottinghill:
Re Reprimanding Obama, don’t be ridiculous. How about criminal prosecution, assuming that a case or cases could be made.

Nottinghill
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Nottinghill

@Allie: Belch!!!!!!! You must start some where and TAKE ACTION…HAVE YOU… Hmmm?!… So now when YOU stop being ridiculous and when will YOU start doing something???

Wild Bill
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Wild Bill

@Not, I signed. Hope it works.

James Higginbotham
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James Higginbotham

i just signed it also Bill.
HOPE IT WORKS?

Nottinghill
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Nottinghill

@WB: MeToo! Sorry fr the pun.
@Allie: There’s nothing wrong with being mistaken, ignorant or stupid. Unfortunately you can’t fix stupid. It’s like insanity because in a rational world insanity and stupidity cannot be coherently understood. Such as your very in-congruent reply. No help, just sheepdip.

joe
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joe

Just like congressional over reach and Lincoln being a tyrant, the supreme court added and continues to add to its own power. The reins act is needing pushed thru. The impeachment of any judge ruling like a euro instead of a constitutional right should be pushed until we have the commies pushed out to Hawaii to be sacrificed in the volcano. I believe OBE packed the courts cause he knows what’s coming next, extreme judicial activism to get us further under the un/ EU/ fed reserve slave state where they enact the now rewritten un agenda 21. We may have… Read more »

Nottinghill
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Nottinghill

Amen to that brother!!!!!!!!!!!!!!

James Higginbotham
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James Higginbotham

A BIG AMEN to that Brother.
i might not be able to scoot like i used to, but i CAN STILL SHOOT LIKE I ALWAYS COULD.
and i feel as I’ve told people, we the people are NOT GOING TO BE ABLE TO VOTE OURSELVES OUT OF THE TYRANNY WE SEE EVERYDAY.
and the President needs OUR HELP IN ANY WAY WE CAN GIVE IT.

dava golino
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dava golino

not only does he resemble the shite for brains actor, George Clooney, you should have noticed, Neil Gorsuch sitting stone face, blank eyed, during the last Presidents address to the Nation… he had the same frown as the communist, EU sold out, Democrats.. the man eyes say it all… SOLD OUT …. JUST LIKE THE NEW, SO CALLED 9th district judge being groomed for the vacant seat in the 9th District court…. Senator Joseph Raymond McCarthy was right…this is another strong showing that ,like britianstan, the America as we have know, is gone… the only way we get it back… Read more »

Nottinghill
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Nottinghill

It’s TIME gentlemen and ladies for another serious 2A March On Washington, D.C. to the White House, SCOTUS and the Congress. Very much like the one that made Barry Shitoreo leave for the weekend. This needs to happen now and quickly.

***Re-post this suggestion. Pass it on!

ras
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ras

If the Supreme Court will not protect the 2nd Amendment, I’m afraid that gun ownership will likely be a distant memory, or at best diluted into a European style of gun ownership.

MadDog Mike
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MadDog Mike

Not if we don’t let it happen – one way or another!!!

brick
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brick

Well, that’s commiefornia for ya. Also the court’s seem to be in a frenzy to step all over and adjust cases to fit their opinions not the constitution. The suit should have included the fact it’s for business and not just the 2nd. The cammiefonians knew this case would be won with a democrapic Supreme Court. The lawyer handing the case should have filed several suits not just the one about the 2nd amendment. He has a right to own any business he wants and that’s what the case should have pertained to. Instead it took the 2nd amendment and… Read more »

Col_temp
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Col_temp

Well said and I agree. This was a clear denial of the right of free association as well.

m.
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m.

d-rat goal is to disarm law-abiding citizens so they can be easily controlled, then murdered; see hitler, mao, stalin, pot, etc. if you are not like them, d-rats want you dead.

MB
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MB

Other than Justice Thomas, the court is populated with liberal loons, and cowards who are only interested in their own welfare, only work on a few cases a year that could be decided in a day. Completely worthless. Add in the 9th circus court, and we the people are getting screwed. Time to end life term appointments, and mandate the courts work 280 days a year just like the rest of us.

Joe owens
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Joe owens

The Supreme Court, a Supreme disgrace to the US Constitution , the Bill of Rights, and to all our Veterans whom hsve fought and died protecting this Country.

Sean M. Brannon
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Sean M. Brannon

“Alameda Count[sic] includes the Bay Area and Silicon Valley, which is one of the most liberal areas in the country.”

You are mistaken. “….includes the Bay Area…” means that Alameda County encompasses the Bay Area, when the reverse is true. Likewise, Alameda County doesn’t contain Silicon Valley, but rather is part of the expanded definition of Silicon Valley. Silicon Valley has traditionally been considered to be within the confines of Santa Clara County. Indeed, the valley that is referred to in the term ‘Silicon Valley’ is the Santa Clara Valley.

Chiefton
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Chiefton

The Supreme Court’s failure to do its job and ignore the onslaught of illegal antigun laws being passed by liberal jurisdiction will eventually lead to a civil war in this country. “We, the people” who stand by the Constitution, as written, will not tolerate the taking of the one right that protects all of the Bill of Rights. I do not endorse that action (a civil war) but have enough vision to see that we are clearly building toward that outcome. When Patrick Henry gave his famous “Give me liberty or give me death” speech he summarized why he stood… Read more »

Nottinghill
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Nottinghill

@Chiefton: “…liberal jurisdiction”. That’s At the very essence of the problem. DC nor any party does not have any jurisdiction on the matter whatsoever!

Edward Weber
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Edward Weber

Hear, hear,,,,glad I read your comment before posting mine. IOW,,,ditto.

James Higginbotham
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James Higginbotham

i AGREE with your ASSESSMENT.
only it will be a ROARING REVOLUTION, and it’s a LOT CLOSER THAN MOST REALISE.

Wild Bill
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Wild Bill

@Chiefton, Our founders had the ability to communicate and organize, unimpeded by their British opponents. We do not. Our founders were more self reliant. We are dependent upon municipal water, electricity, food stores, and cell phones, all of which can be denied to us. Whomever rebels will loose.
It would be a good trick to get the libtards to rebel during a conservative administration, then We the People could use the federal logistical apparatus to “help” defeat the Libtard Rebellion.

Paul
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Paul

You are one crazy scooter. But no one thinks they are the crazy one; no one thinks they are the bad driver; no one thinks they are the unfunny person; etc., etc.

Trust me- you’re a wack job. Talk of rebellions. Armed military conflicts between the US Army (recently funded for 700 billion (this year)) and groups of civilians in Dodge pick-ups and AR-15s – you can have all the ARs you want – do you think you’d actually have any chance?

Nut case.

MB
Guest
MB

Paul; > And in Afghanistan insurgents drove the Brits out, make life unbearable for the Russians and have been keeping the combined armed forces of America under siege for 17 years…. and a crazy bunch of 5 foot high rice munchers beat the snot out of America forces in a far away land called Vietnam… I am not promoting revolt here, but if it comes to America, I plan to be on the side of freedom. And you are forgetting a little issue of the Posse Comitatus Act in spite of Obummer trying to subvert it.

Wild Bill
Guest
Wild Bill

@Paul, Hmmm, yes. I can see that my writing was not clear. When I wrote, ” Whomever rebels will loose.” I sought to dissuade people from rebellion.
However, I must disagree with your conclusion that an an armed population can not win against the army of its own government. If I, and the others that have given examples already, listed all the successful come from behind rebellions, we would spend far more time typing than we can afford. Every government has vulnerabilities.

Kevin Cote
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Kevin Cote

Why is this made out to be so complicated ? Power cannot exceed its authority You / We are the scource of ” Power ” . They cannot exceed “You or( all of us ) We ” Simply refuse en masse armed and be prepared to arrest , incarcerate and punish the usurpers…btw the charge is TREASON , TREASON is a ” Capitol Crime “. We simply have allowed our employees/servants to assume too much power. The time has come to punish them harshly and publically. They have stolen your Inalienable God given Rights, property , children , and your… Read more »

Wild Bill
Guest
Wild Bill

@Kevin Cote, We are awake, but organization, logistics, planning and communications are necessary to your proposal. Anyone engaging in these will be detected and arrested. Do you want to commit first? Is the formation at your house?

Paul
Guest
Paul

Wild Bill: not sure if you got my reply to your reply (Re: on the “Tank” chain) “So you are the kind of person that hopes someone loses a child…for your political theory.” What I hope is that no one loses a child. What I hope is that you f’ing AR-15 fanatics pay the price you are so willing to let others pay. These children are massacred by the score – and it is no more than than the price of doing business for you f#%knuts. You pile up these bodies on your 2nd Amendment altar and talk about God… Read more »

Joe
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Joe

No one wants to see dead kids. But the constitution guarantees our God given rights, of the 2a just like it gives you the 1a to show how unhinged you are in print. The 18 yr old is so smart marching against guns and for antifa, yet too stupid to own a rifle. And the 18 yr old can own rifles because he is part of the militia, and, Cause, the 18 yr olds are required to register to be thrown in the gristmill war. Time for you lefties to actually figure out most of these shootings are blackops… too… Read more »

Alan
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Alan

Paul:

Re your closing question, ” when was the last time you used your AR-15 to defend the constitution” is something that strikes me as dumb as When was the last time you used your Model 70 Winchester, etc., etc., etc. to defend the constitution. Given that the answer is more than likely NEVER, you seem to make the following point. That the individual citizen has no justification for the possession of any firearm. By the bye, that would be a position I and a great many others take strong exception to.

Nottinghill
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Nottinghill

…and in associated news. Why would President Trump nominate to the U.S. Court of Appeals for the Ninth Circuit from Hawaii. This (anti-2A) Trump nominee, Mark Jeremy Bennett is a leftist, anti-gunner to fill a seat on that court, and why would the Senate Judiciary Committee give their approved to that nomination?!

Green Mtn. Boy
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Green Mtn. Boy

That is a very pert ant question,why,how did the president nominate Bennett and why is he even being heard in the senate,someone is asleep at the switch,Of course the president famously said”Take The Guns First and The Worry About Due Process”.

Nottinghill
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Nottinghill

@GMB: That’s is the very disturbing part about Trump and his admin. I’m glad you and a few others get it. First and most important is the realization that the 2A (and the grace of God) is what will save us from ruin. It’s not just about bumpstock/gun accessory bans and ERPOs/GVROs. It’s about their inherent unconstitutional principle and precedent that they have set. I’ve said it many times before. I say it again. Trump has harmed the 2A more than B.S. did in eight years. He’s done it in just over one year in office with a majority in… Read more »

Wild Bill
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Wild Bill

@Not, Trump is still getting bad advice. I will put MJB comments in my next letter to the pres., and end with “No Second Amendment, no second term!”