California Cities Are Free to Regulate Gun Stores Out of Existence

Discussion in 'Politics & Law' started by livingston, May 16, 2018 at 11:47 AM.

  1. livingston

    livingston .450/400 Nitro Ex

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    California Cities Are Free to Regulate Gun Stores Out of Existence
    More Second Amendment setbacks in the Golden State when the Supreme Court declines to take a case about city zoning
    The U.S. Supreme Court on Monday sent a clear message to millions of gun owners in California: You're living in a Second Amendment-free zone.

    In an order on Monday, without explanation or comment, the Court rejected a civil rights lawsuit brought by the Calguns Foundation and the Second Amendment Foundation. Those groups had hoped the justices would rule that the Second Amendment continues to apply even in the progressive enclaves of the left coast—and that law-abiding California residents possess the right to buy and sell firearms.

    Instead, the Supreme Court declined to hear the case, a decision that underscores its willingness to let California legislators and judges evade the Second Amendment within the borders of the state.

    Don Kilmer, an attorney in San Jose, California, who is representing the gun rights groups. Also representing them is Alan Gura, who has taken two Second Amendment cases to the Supreme Court before.
    Their lawsuit challenges a decision by Alameda, a California county that includes Oakland and other east bay cities, to enact a zoning law so onerous it effectively bans gun stores. The U.S. Court of Appeals for the 9th Circuit sided with Alameda in 2017, saying that "no historical authority suggests that the Second Amendment protects an individual's right to sell a firearm."

    At least Monday's decision serves one useful purpose: It exposes the federal judiciary's willingness to elevate some constitutional rights over others.

    If a city enacted zoning laws that effectively outlawed abortion clinics, and a federal appeals court had permitted it, the Supreme Court would have stepped in a heartbeat later. Under precedents going back to Maher v. Roe (1977), any law representing "direct state interference" with abortion is evaluated using strict scrutiny, the most exacting standard of legal review. Few such laws survive. (The 9th Circuit did not apply strict scrutiny to Alameda's law.)
    More at ...
    California Cities Are Free to Regulate Gun Stores Out of Existence
     
  2. gun_slinger_boy

    gun_slinger_boy 6.5 Creedmoor

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    I'm telling ya. It's getting to the point more and more where you'll just either choose to ignore the law or choose not to have guns.
     
    Exonautic likes this.
  3. Jmac00

    Jmac00 .308 Win

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    fixed it for you
     
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  4. Jmac00

    Jmac00 .308 Win

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    no biggy, soon the only people left in Mexifornia will be illegal's and rich elitists
     
    96coal449 and Burzum like this.
  5. Burzum

    Burzum .44 mag

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    This is the problem that stalwart Conservative Barry Goldwater warned of when adding too many into the "Conservative tent."

    Bush 43, and his Supreme Court appointees were not well-rounded Conservatives, sure they may be against abortion as christian conservatives and suck the crank of corporate multi-nationals, but where were they on big government (e.g. the Orwellian "Patriot Act"), Gun Rights beyond and enforcing Heller, punishing criminals, fiscal discipline, national sovereignty, punishing defense contractors ripping off the tax payer and making military members less safe, state's rights, etc.??????????????

    They have been largely AWOL.

    Roberts and Alito = Fake Conservatives.
     
  6. libertysnake

    libertysnake 6.5 Creedmoor

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    And to think I have to spend a few weeks in Santa Monica, in the belly of the beast over there.
     
  7. 96coal449

    96coal449 .44 mag

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    I'd like to see:
    1 All gun related sales to Cali banned, (like Ronnie Barret did over a decade ago).
    2 All pro 2A citizens vacate.
    3 Cali sink ..... after the rest of the snowflakes flock there.
     
    Jmac00 likes this.
  8. Acer-m14

    Acer-m14 .338 Win Mag

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    is there any possible way to tell the volcano in Hawaii to really really toss a fkin huge snot ball on Cali ..

    1 All gun related manufactures ban Cali ... including LEO and any other GOVT identity .. no powder no primers .. no ammo .. no nothing ..
     
  9. 96coal449

    96coal449 .44 mag

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    As long as we get our patriots out first. There are some good people there.
     
    BDinPutnam likes this.
  10. livingston

    livingston .450/400 Nitro Ex

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    Got a sister out there .. Be 4-5 years before husband retires .. Then it is off to a free state
     
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  11. 96coal449

    96coal449 .44 mag

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    Early retirement or job relocation may be in order. I will keep them in my prayers.
     
    livingston likes this.
  12. Jmac00

    Jmac00 .308 Win

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    My son moved to Arizona at the end of February, I couldn't careless of Mexifornia falls into the ocean
     
  13. 96coal449

    96coal449 .44 mag

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    I feel for the patriots there. As well as us here and other commie states.
     
    Jmac00 likes this.
  14. Jmac00

    Jmac00 .308 Win

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    I agree. unfortunately, these people are stuck. Like many here in New Yorkistan. I hope many of them can escape before anything bad happens.
     
    96coal449 likes this.
  15. wdeister08

    wdeister08 .40 S&W

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    Except your take is patently untrue. The court itself cited no less than 10 gun stores in the area, including one 500-600ft from where this one was located. They were just being pissy little bitches who didnt want to follow zoning ordnances for their businesses. Just cause they sell guns doesn't mean they can just put their store wherever.
     
  16. Truebeliever

    Truebeliever .45 acp

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    The ones we should be pissed at are the guys who brought the lawsuit. They were doing exactly what you describe and trying to hide behind the 2nd Admendment. Now the anti-2A will try and use this case against us
     
  17. Saltwater60

    Saltwater60 .308 Win

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    How long do you think it is before cuomo does this for the state of ny.
     
    Jmac00 likes this.
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