OH NO! MORE OF THE DREADED BACKLASH!!!

[pablo_marmol]

On Monday, May 16, a 3-judge panel of the Ninth Circuit issued an opinion in Teixeira v. County of Alameda, a case challenging a restrictive county ordinance that, among other things, prohibits firearm dealers from being located within 500 feet of a residentially zoned district. The plaintiffs challenged the ordinance on behalf of actual and prospective firearm purchasers, arguing that the ordinance violated both the Equal Protection clause and the Second Amendment of the United States Constitution. The appeals court upheld the dismissal of the Equal Protection claim, but reversed the dismissal of the plaintiffs’ Second Amendment claim.

In its opinion, the Ninth Circuit recognized that “if the right 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 bear,” and that the people “cannot truly enjoy a constitutionally protected right when the State is permitted to snuff out the means” of exercising that right. The Court continued by stating there is no question that an ordinance restricting the commercial sale of firearms would burden the rights of law-abiding citizens, and that because of this burden, the ordinance clearly impacts the “core of the Second Amendment right.” Since the ordinance burdens conduct protected by the Second Amendment, the Court found that the plaintiffs’ Second Amendment claim must be allowed to procced, and that it must be analyzed under heightened judicial scrutiny. The Ninth Circuit also held that if the ordinance is found to effectively ban new firearm retailers from opening, a more rigorous level of judicial review, such as strict scrutiny, should be applied.

Since the Court reversed the dismissal of the plaintiffs’ Second Amendment claim, the case will now be remanded back to the lower court to proceed towards a resolution of the case on the merits under the guidance of the Ninth Circuit’s decision.

https://cdn.ca9.uscourts.gov/datastore/opinions/2016/05/16/13-17132.pdf

[discntnt_irny_srcsm]

1. Freedom isn't free...

...the cost will be paid by those both in favor and by those against it.

[DonP]

2. When the 9th "Circus" Court starts handing down a series of pro 2nd decisions ...

... you know the "backlash" is really going the other way.

With a majority of judges appointed by Democrat Presidents, the most overturned (by SCOTUS) circuit court in the country has been making a series of pro 2nd amendment decisions.

This also does not bode well for the current crop of proposed Cali "Creative" laws to control guns or for the en banc Peruta decision Ms Harris so desperately wants changed.

To quote the Ezell v. Chicago 7th Circuit court decision re: gun control; "Legislators have to stop trying to be too cute by half with regulations"

[discntnt_irny_srcsm]

3. I love that quote from the Ezell decision

[DonP]

4. I just wish they'd actually pay attention to it

Maybe fining legislators personally for their unconstitutional acts would be a good start.

As long as they can pay off with taxpayer money, there's no real incentive for them to stop being a-holes.

[discntnt_irny_srcsm]

5. They say "military intelligence" is an oxymoron but...

...not so much in my experience and it is entirely dwarfed in magnitude by the concept of "political accountability".

[DonP]

6. Hell, Rahm and his pet weasels are still trying to write gun control laws ...

... that will pass court review.

He's signed checks for at least $4 million so far for "loser legal fees" on McDonald and Ezell and they still haven't learned a damn thing.

Maybe if they had to write that check from their own pocket or even their campaign fund, they'd think twice.

But I doubt it, they have a failed narrative stuck deep in their tiny reptile brains and refuse to see the reality right in front of them.

Chicago is back to record high murders in 5 specific neighborhoods. It's also down 2000 street cops. Their solution! Pass a bill that will allow the state to license and close gun stores downstate

They, along with the major news media, are all still waiting for that concealed carry bloodbath that never comes.

[Eleanors38]

11. "...cute by half:" All this resonates with the spasms of Jim Crow in its final throes.

[virginia mountainman]

7. This map says all that needs to be said...

Now updated to 2016, notice how the "green" unrestricted is starting to cover significant parts of the nation... Backlash he said LOL!!

[pablo_marmol]

8. "Backlash he said LOL!!"

You do know that I'm pro-RKBA, right......and that the post title was sarcasm?

[virginia mountainman]

9. O yea, I know..

But "they" keep saying it...

[beevul]

10. George and his delaware friends say...

They hollerin' about the back lash,

They'll be lucky to get any front lash,

They aint' gonna get none of it!