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BY: Stephen Gutowski
Lawyers for a coalition of gun-rights groups petitioned the Supreme Court on Tuesday to take up their case against a California county's ban on gun stores.
Groups - Alameda - County - Calif - Ordinance
The groups accused Alameda County, Calif., of using a zoning ordinance to make it impossible for gun stores to operate inside its limits. The ordinance in question prohibits gun stores from being located anywhere within 500 feet of a residential zone. The groups, including the Second Amendment Foundation, said the rule is unconstitutional.
"You simply cannot allow local governments to ignore the Second Amendment because they don’t like how the Supreme Court has ruled on the amendment twice in the past 10 years," Alan Gottlieb, the SAF founder, said. "You shouldn’t be able to zone the Second Amendment out of the Bill of Rights."
Suit - United - States - Ninth - Circuit
The suit has already been heard by the United States Ninth Circuit Court of Appeals. The plaintiffs won in front of a three-judge panel but lost when the case was heard before the full court. They are now hoping the Supreme Court will take up the case they believe is key to ensuring Second Amendment protections are recognized when applied to selling firearms.
Calguns Foundation, a California-based gun-advocacy group involved in the lawsuit, said other localities are also using zoning laws to ban gun stores.
Case - City - County - Governments - Laws
"Since this case was filed, multiple local city and county governments have used unconstitutional zoning laws to stop new gun stores from opening and close down existing gun stores," Gene Hoffman, chairman of the Calguns Foundation, said. "If this was a book store or an abortion clinic, the Ninth Circuit would not have hesitated in striking this zoning regulation unanimously."
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