Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.
The Ninth Circuit will reconsider the constitutionality of a ban on gun dealers within 500 feet of certain buildings, such as schools and liquor stores ( Teixeira v. Cty. of Alameda , 2016 BL 430964, 9th Cir. en banc, No. 13-17132, rehearing granted 12/27/16 ).
The Alameda County, Calif., ordinance is being challenged by three entrepreneurs who want to open a gun shop.
In May, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit said the law “very well may be permissible,” but that the county “has failed to justify the burden it has placed on the right of law-abiding citizens to purchase guns.”
The right to purchase and to sell firearms “is part and parcel of the historically recognized right to keep and to bear arms,” and an ordinance restricting the commercial sale of firearms “comes close to the core of the Second Amendment right,” the original three-judge panel said.
The court said that “heightened scrutiny” should apply to the law, but that in this case it didn’t even pass “intermediate scrutiny,” meaning it furthers an important government interest by means that are substantially related to that interest. “Heightened scrutiny” is still a lower standard than “strict scrutiny,” which requires a compelling government interest and that the law be narrowly tailored to achieve that interest.
The county failed the heightened scrutiny test here because it didn’t justify its “assertion that gun stores act as magnets for crime,” the original three-judge panel said.
The original court remanded the case to the district court for reconsideration. The gun store has not opened yet.
Eleven judges will sit on the en banc panel that will rehear the case. Oral argument will be the week of March 20.
Donald E.J. Kilmer Jr., San Jose, Calif., originally argued for the would-be shop owners. Scott J. Feudale, Alameda County Counsel, originally argued for the county.
To contact the reporter on this story: Jeffrey D. Koelemay in Washington at email@example.com
To contact the editor responsible for this story: Jessie Kokrda Kamens at firstname.lastname@example.org
Full text at http://src.bna.com/k2s.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)