The U.S. Court of Appeals for the 9th Circuit decision Monday in Teixeira v. County of Alameda vindicates the Second Amendment rights of gun stores and provides a good model of the Second Amendment doctrines that have been developed by the federal Circuit Courts of Appeals. Eugene Volokh’s post has summarized the decision, so I will delve into the doctrinal details.
Facts: Alameda County, Calif., is located on the eastern side of San Francisco Bay. The county’s 821 square miles include Oakland and Berkeley. The county presently has up to 10 gun stores. (The exact number is factually disputed.) In 2010, several entrepreneurs attempted to open a new store, “Valley Guns & Ammo,” in the town of San Leandro, south of Oakland. They believed that there was an unmet need for a store which provides personalized service; this includes gun smithing, hunter safety training and the firearms safety training which is a prerequisite for gun purchases in the state. The owners complied with the many federal and California regulations pertaining to firearms stores. The West County Board of Zoning Adjustment found that there was a “public need” for the store, that the store complied with the general zoning plan for the area and that the store would have no adverse impact on residents.
by David Kopel