Alameda city council passed a zoning ordinance against allowing gun shops to operate within the city limits. A number of gun rights organizations challenged the ordinance and that challenge eventually made it to the most liberal court in all of America, the US Ninth Circuit Court of Appeals.
In a surprise move, a three-judge panel in the 9th Circuit Court ruled that the right to purchase or sell firearms his part and parcel of the right to keep and bear arms.
However, another ruling by the same 9th Circuit Court ruled in favor of the ordinance. The gun rights groups have now filed a certiorari asking the Supreme Court to hear their appeal and decide on the back and forth rulings of the 9th Circuit Court.
(Breitbart) – On January 9, the Second Amendment Foundation (SAF) filed a writ of certiorari asking the Supreme Court of the United States to review a decision from the U.S. Ninth Circuit Court of Appeals which upheld Alameda County’s zoning policies against gun stores.
SAF is joined by the California Association of Federal Firearms Licensees, Calguns Foundation, Inc., and three businessmen: John Teixeira, Steve Nobriga, and Gary Gamaza.
The request for SCOTUS intervention comes after a back-and-forth in the Ninth Circuit that initially resulted in a three-judge panel’s ruling against the zoning ordinance. On May 16, 2016, Breitbart News reported the three-judge panel’s position that “the right to purchase and to sell firearms is part and parcel of the historically recognized right to keep and to bear arms.” This was reversed when the court reheard the case en banc so SAF and the other plaintiffs are asking SCOTUS to step in…
If the Supreme Court refuses to hear this appeal, it will mean that the final decision of the 9th Circuit Court to uphold the ordinance to ban shops in the city will stand and set a dangerous precedent that could be used by other anti-gun city councils. If the high court does hear the case, their decision will determine if gun shops across the nation will be allowed to do business within city limits or not. It could also determine what some county officials could do to ban shops.