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Gun Control Via Zoning?

It would appear that anti-gun activists never stop dreaming up new ways to attack the Second Amendment. The Associated Press reported on October 10 about a federal appeals court ruling that held a local zoning ordinance which made it virtually impossible to open a new gun store in a populated area was not in violation of the Second Amendment. The ruling by the Ninth U.S. Circuit Court of Appeals upheld a county ordinance in California that banned the opening of a new gun store "within 500 feet (152 meters) of schools, day-care centers, residential areas, liquor stores and other gun shops." A majority of the 11-judge panel voted to uphold the law in a decision drafted by Judge Marsha Berzon, who wrote, "Gun buyers have no right to have a gun store in a particular location, at least as long as their access is not meaningfully constrained." The decision also stated that there is no constitutional right to sell guns.

The ordinance was originally passed by the county of Alameda, which is in the San Francisco Bay Area. This decision was a disappointment for local gun groups because it overturned a Ninth Circuit decision from last year that held that the Second Amendment did protect the right to open a gun store and that governments must have a justifiable reason to place restrictions on gun stores.

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Author:Krey, Patrick
Publication:The New American
Article Type:Brief article
Geographic Code:1U9CA
Date:Nov 6, 2017
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