{"id":1010,"date":"2016-05-17T18:26:00","date_gmt":"2016-05-17T18:26:00","guid":{"rendered":"https:\/\/onlygunsandmoney.com\/2016\/05\/17\/saf-on-their-win-in-nin\/"},"modified":"2019-08-16T18:26:38","modified_gmt":"2019-08-16T18:26:38","slug":"saf-on-their-win-in-nin","status":"publish","type":"post","link":"https:\/\/onlygunsandmoney.com\/?p=1010","title":{"rendered":"SAF On Their Win In The Ninth"},"content":{"rendered":"<div class='__iawmlf-post-loop-links' style='display:none;' data-iawmlf-post-links='[{&quot;id&quot;:9448,&quot;href&quot;:&quot;https:\\\/\\\/www.washingtonpost.com\\\/news\\\/volokh-conspiracy\\\/wp\\\/2016\\\/05\\\/16\\\/9th-circuit-opinion-on-rights-of-gun-stores-applies-standard-rigorous-second-amendment-doctrines&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;},{&quot;id&quot;:9449,&quot;href&quot;:&quot;https:\\\/\\\/www.washingtonpost.com\\\/news\\\/volokh-conspiracy\\\/wp\\\/2016\\\/05\\\/16\\\/second-amendment-may-invalidate-ban-on-opening-new-gun-stores-in-a-california-county&quot;,&quot;archived_href&quot;:&quot;&quot;,&quot;redirect_href&quot;:&quot;&quot;,&quot;checks&quot;:[],&quot;broken&quot;:false,&quot;last_checked&quot;:null,&quot;process&quot;:&quot;done&quot;}]'><\/div>\n<p>\nHere is what the Second Amendment Foundation said about their win in the 9th Circuit Court of Appeals yesterday.<\/p>\n<blockquote class=\"tr_bq\"><p>\n<i> BELLEVUE, WA \u2013 A three-judge panel for the U.S. Ninth Circuit Court of Appeals has issued a 2-1 ruling that \u201cthe right to purchase and sell firearms is part and parcel of the historically recognized right to keep and bear arms\u201d protected by the Second Amendment in a case brought by the Second Amendment Foundation.<\/p>\n<p>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.<\/p>\n<p>\u201cThis is an important decision,\u201d said SAF founder and CCRKBA Chairman Alan Gottlieb. \u201cIt remands the case back to the lower court for further proceedings consistent with the ruling as it pertains to the Second Amendment.\u201d<\/p>\n<p>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\u2019Scannlain noted that, \u201cthe Ordinance burdened conduct protected by the Second Amendment and that it therefore must be subjected to heightened scrutiny\u2014something beyond mere rational basis review.\u201d<\/p>\n<p>\u201cBoth SAF and CCRKBA can be proud of this victory,\u201d Gottlieb stated. \u201cWe agree with Judge O\u2019Scannlain\u2019s explanation that \u2018the county had failed to justify the burden it has placed on the right of law-abiding citizens to purchase guns. The Second Amendment,\u2019 as the judge wrote, \u2018requires something more rigorous than the unsubstantiated assertions offered to the district court.\u2019\u201d<\/p>\n<p>Quoting the Supreme Court ruling in SAF\u2019s 2010 landmark McDonald case, Judge O\u2019Scannlain reiterated, \u201cThe right of law-abiding citizens to keep and to bear arms is not a \u2018second-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.\u2019\u201d<\/i><\/p><\/blockquote>\n<p>\nSecond Amendment attorney <a href=\"https:\/\/www.washingtonpost.com\/news\/volokh-conspiracy\/wp\/2016\/05\/16\/9th-circuit-opinion-on-rights-of-gun-stores-applies-standard-rigorous-second-amendment-doctrines\/\" target=\"_blank\" rel=\"noopener noreferrer\">David Kopel does a great job in breaking down the case<\/a> in a post on the Volokh Conspiracy. It is well worth a read to get a great understanding of the case.<\/p>\n<p>Professor Eugene Volokh also provides a summary of the case <a href=\"https:\/\/www.washingtonpost.com\/news\/volokh-conspiracy\/wp\/2016\/05\/16\/second-amendment-may-invalidate-ban-on-opening-new-gun-stores-in-a-california-county\/\" target=\"_blank\" rel=\"noopener noreferrer\">here<\/a>. However, in my opinion, it is not nearly as comprehensive as that of David Kopel. If you only have time to read one, read Dave&#8217;s.<\/p>\n<div style=\"margin-top: 0px; margin-bottom: 0px;\" class=\"sharethis-inline-share-buttons\" ><\/div>","protected":false},"excerpt":{"rendered":"<p>Here is what the Second Amendment Foundation said about their win in the 9th Circuit Court of Appeals yesterday.&hellip;<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":1,"footnotes":""},"categories":[1],"tags":[1195,1508,384,1893],"class_list":["post-1010","post","type-post","status-publish","format-standard","hentry","category-uncategorized","tag-dave-kopel","tag-eugene-volokh","tag-second-amendment-foundation","tag-texixeira-v-county-of-alameda"],"_links":{"self":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/1010","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1010"}],"version-history":[{"count":1,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/1010\/revisions"}],"predecessor-version":[{"id":10709,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=\/wp\/v2\/posts\/1010\/revisions\/10709"}],"wp:attachment":[{"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1010"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1010"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/onlygunsandmoney.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1010"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}