About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 (November 2, 2017)

handle is hein.crs/crsmthmbdfw0001 and id is 1 raw text is: Congressional _______ a Research Service nformrng the Ieg.iative debate since 1914 A Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In. Sarah Herman Peck Legislative Attorney November 2, 2017 On October 10, 2017, in a 9-2 ruling, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) sitting en banc reversed a decision by a three-judge Ninth Circuit panel that held that the Second Amendment protects the commercial sale of firearms. The case, Teixeira v. County of Alameda, involves a Second Amendment challenge to a zoning regulation applicable to firearms stores in Alameda County, California. Teixeira provides Congress with the most substantive guidance on the Second Amendment's applicability to the commercial sale of arms since the Supreme Court commented in District of Columbia v. Heller that nothing in our opinion should be taken to cast doubt on longstanding prohibitions on... laws imposing conditions and qualifications on the commercial sale of firearms, among other presumptively lawful regulations. The en banc ruling coincidentally was handed down as Congress is poised to consider legislation designed to limit the manufacture, sale, and possession of bump stock devices, a firearm accessory that allows a semi-automatic firearm to mimic the firing rate of a fully automatic machine gun. At issue in Teixeira is an ordinance in Alameda County requiring businesses seeking to sell firearms to obtain a permit. A permit cannot be granted if, as relevant here, the planned firearms store will be within 500 feet of a residentially zoned district. The partners behind Valley Guns & Ammo sought a permit to open a retail store in the County, but local authorities denied the permit request because the proposed store site fell within 500 feet of a residential property. The partners, joined by several institutional plaintiffs, then challenged the zoning ordinance on Second Amendment grounds, among other things. The district court dismissed the complaint for failing to state a claim for relief. On appeal, a three-judge panel of the Ninth Circuit-over one judge's dissent-reversed, concluding that the partners' Second Amendment claim must be allowed to proceed. That ruling is discussed in detail in an earlier Sidebar. In short, the Ninth Circuit panel reviewed the zoning ordinance under intermediate scrutiny and concluded that the ordinance did not pass muster under that standard. In particular, the panel Congressional Research Service 7-5700 CRS Legal Sidebar www.crs.gov LSB10023 Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most