This is a big middle finger to Obama, don’t you think?
By Tony Oliva
In the case of Teixeira vs. Alameda County, the question of whether the ability to buy a firearm was protected under the 2nd Amendment.
Alameda County, an area directly to the east of San Francisco, has zoning rules for incorporated areas that not only require a gun store owner to obtain requisite local, state, and federal permits for the business, but also make sure “the proposed location of the business is not within five hundred feet of a ‘residentially zoned district; elementary, middle or high school; pre-school or day care center; other firearms sales business; or liquor stores or establishments in which liquor is served.’”
In other words, Alameda carved out enough of the county that fundamentally banned any new firearm store from opening anywhere other than the middle of nowhere in which it would assuredly fail.
Alameda created a backdoor gun ban in which the residents of the county would be denied their 2nd Amendment rights because they were unable to purchase firearms.
Teixeira didn’t take it lying down and challenged Alameda county in US District Court of Northern California…and lost.
Undeterred he appealed to the 9th Circuit. It was there that some common sense and Constitutional jurisprudence was returned to the case.
The 9th Circuit Court stated that Alameda County:
“had offered nothing to undermine the panel’s conclusion that the right to purchase and to sell firearms is part and parcel of the historically recognized right to keep and to bear arms.”
9th Circuit Judge Diarmuid O’Scannlain, writing in the majority opinion brought down the hammer of history on Alameda’s underhanded and shady attempts to oppress its citizens writing:
“Our forefathers recognized that the prohibition of commerce in firearms worked to undermine the right to keep and to bear arms.”
The historical record indicates that Americans continued to believe that such right included the freedom to purchase and to sell weapons. In 1793, Thomas Jefferson noted that “our citizens have always been free to make, vend, and export arms. It is the constant occupation and livelihood of some of them.”