and the RATS, take another one in the.........HA ha!!!
Posted on 05/16/2016 4:33:54 PM PDT by jazusamo
Constitutional protections afforded by the Second Amendment include the right to buy and sell firearms, a federal appeals court ruled Monday in a decision that reinstates a lawsuit in which three California businessmen challenged zoning laws that limit where gun stores can be located.
In a 2-1 ruling, the 9th U.S. Circuit Court of Appeals revived Second Amendment challenges brought by businessmen who had sought to open a firearms store in Alameda County, but filed suit after they were denied a zoning permit based on laws that they claimed prevented them from opening a store anywhere in the county.
While Monday’s ruling declares that the right to buy and sell firearms is part and parcel of the historically recognized right to keep and to bear arms, it does not determine whether the zoning law is constitutional. Rather the majority opinion, authored by Judge Diarmuid F. O'Scannlain, indicates a higher level of scrutiny should have been used to assess the legality of the law and that the county government should have been required to present evidence justifying its restrictions.
“If ‘the right of the people to keep and bear arms’ is to have any force, the people must have a right to acquire the very firearms they are entitled to keep and to bear,” Judge O'Scannlain wrote in the 34-page opinion for the majority. “One cannot truly enjoy a constitutionally protected right when the State is permitted to snuff out the means by which he exercises it; one cannot keep arms when the State prevents him from purchasing them.”
(Excerpt) Read more at washingtontimes.com ...
I think you have it backwards.
Wow....I was amazed also at the rare moment of sanity from the 9th.
Are they crazy? /S
“Surprised this bit of logic made it out of the 9th Circuit.”
A three-judge 9th Circuit panel struck down California’s “may issue” CCW law two years ago, but now it’s in an eleven ‘just us” En Banc, which is probably where this wlll go too.
Have you ever met a lawyer/judge that preferred brevity?
Wow
A reasonable 9th jerk-it ruling!? I am shocked!
Interesting.
For years, some states had “Blue Laws”, requiring store closure on Sunday.
Stores selling newspapers were exempt under Free Press guarantees of 1st Amendment.
Interesting precedence for a similar 2d Amendment argument here.
PI lawyers on contingency.
“I may just be cynical/paranoid...”
Nope, just past puberty is all.
What does En Banc mean?
The zoning became for restrictive because of Agenda 21 which is about preserving the pinelands, however I am not in the pinelands but the use that as the reason for the lowered density.
The land is sanding and has a great perc rate, 1 acre density is sufficient with well and septic, most older homes are built on even less land and have no problems with water quality.
“What does En Banc mean?”
Most Circuit Court of Appeals decisions are made by three-judge panels, even though there may be as many ast twenty or more “justices” on a given Appeals Cour (I believe there are 23 on the 9th). But, if one of these three-judge opinions is challenged, the person(s) challenging may ask for an EN BANC REVIEW. The case here in California where a three-judge panel of the Ninth Circuit Court found California’s CCW permit process unconstitional, the State Attorney General (and others) appealed that decision to the entire court, which voted to “rehear” the case appointing eleven justices (not including any of the three who made the original finding) to do so). En Banc reviews are not common, but they cause the original decision to be vacated. We here in CA have been waiting for nine months for the En Banc decision to be put out. It has been nine months since the En Banc Review was completed. In this case, it would be good of these eleven a$$holes to render their decision, because no matter how they rule, one party or the other will take that decision to the SCOTUS for a final decision. FWIW, the original case went to the 9th five years ago. These worthless pricks need to start doing their jobs in my view. And BTW, the original 3 judge decision was exceedingly well written, going all the way back to the time the Constitution and the Bill of Rights were written.
So a bus stop with a dwarf tree next to it becomes a “pocket park”?
But at least here in the Pacific Northwest, Peoples Republic of Washington, we get to pay a "RAIN TAX," not to worry the village idiots here in the local Snohomish (Pronounced Snow-Home-ish) County Government will say it's only a Levy, not a tax. But they will also fail to mention that if you don't pay the one and only Levy found on a Property Tax Statement, they will put your home / land up for auction.
Is this a great country or what. (eyes rolling big time.)
There are cities in Florida where they have made it geographically illegal for sex offenders to live. So there are now camps of sex offenders living just outside city boundaries.
It's all well-intentioned, but is just a way of pushing problems off on someone else and creating laws that can be used against the innocent as well as the guilty, e.g. RICO, asset forfeiture, overweening zoning laws, etc.
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