BIG progun SAF win in 9th Circuit

[leadcounsel]

https://www.saf.org/court-rules-that-ri ... -saf-case/

This might have far reaching impact since 594 is (I believe) being heard in the 9th Circuit. Perhaps someone can confirm?

BELLEVUE, WA – A three-judge panel for the U.S. Ninth Circuit Court of Appeals has issued a 2-1 ruling that “the right to purchase and sell firearms is part and parcel of the historically recognized right to keep and bear arms” protected by the Second Amendment in a case brought by the Second Amendment Foundation.

SAF was joined in the case by the California Association of Federal Firearms Licensees, the Calguns Foundation, Inc., and three businessmen, John Teixeira, Steve Nobriga and Gary Gamaza. SAF was represented by noted California civil rights attorney Don Kilmer, and the case was supported by an important amicus brief filed by Virginia attorney Alan Gura for the Citizens Committee for the Right to Keep and Bear Arms. Gura won both the Heller and McDonald Second Amendment rulings before the U.S. Supreme Court.

“This is an important decision,” said SAF founder and CCRKBA Chairman Alan Gottlieb. “It remands the case back to the lower court for further proceedings consistent with the ruling as it pertains to the Second Amendment.”

The lawsuit was against an Alameda County ordinance that prohibits gun stores from being located within 500 feet of a residential zone. Writing for the majority, Judge Diarmuid F. O’Scannlain noted that, “the Ordinance burdened conduct protected by the Second Amendment and that it therefore must be subjected to heightened scrutiny—something beyond mere rational basis review.”

“Both SAF and CCRKBA can be proud of this victory,” Gottlieb stated. “We agree with Judge O’Scannlain’s explanation that ‘the county had failed to justify the burden it has placed on the right of law-abiding citizens to purchase guns. The Second Amendment,’ as the judge wrote, ‘requires something more rigorous than the unsubstantiated assertions offered to the district court.’”

Quoting the Supreme Court ruling in SAF’s 2010 landmark McDonald case, Judge O’Scannlain reiterated, “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 that we have held to be incorporated into the Due Process Clause.’”

[joao01]

594 case was dismissed due to lack of standing last I heard.

[leadcounsel]

594 case was dismissed due to lack of standing last I heard.

I could be wrong, but it was dismissed here for lack of standing and then refiled in the 9th Circuit. I admit I haven't followed it too closely.

[velillen]

594 case was dismissed due to lack of standing last I heard.

I could be wrong, but it was dismissed here for lack of standing and then refiled in the 9th Circuit. I admit I haven't followed it too closely.

It was appealed to the 9th Circuit back in June of 2015. Havent heard anything else about it though.

But this will be interesting to see how it plays out.

[hkcavalier]

I guess it's a big win? While I feel for gun enthusiasts "stuck" in CA due to work/commitments/etc, I have no love for them as an aggregate. They have decided to be the #1 antigun state. It's not bureaucrats screwing them, it's the people they vote into office. It shouldn't take the court to undo their stupidity, but sometimes it does.

594 isn't getting repealed by a federal circuit court. Too many other states have similar laws that have held up already. Sorry to play interweb loy-yur leadcounsel, I know it's your area of expertise, but I just don't see it happening.

[mislabeled]

And considering everyone -- cops, prosecutors, good guys, bad guys -- prefers to pretend 594 doesn't even exist, it's difficult to envision a scenario where standing would be created.

If we ignore a law long enough, does it just go away? Like marijuana laws? Just keep doing it and no one cares, or eventually the offending law is stricken? Wait, no one cares about 594 now. Win!

[Massivedesign]

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