“Backdoor Ban” On Gun Store Sales Could Be RepealedTeixeira vs. Alameda County
A Ninth Circuit three-judge panel has remanded the case Teixeira vs. Alameda County to the lower court. Teixeira vs. Alameda County is a case that prevented gun store owners from setting up shop within 500 feet of schools, private residences, other firearm businesses or stores that sell liquor or alcohol. Remanding the case would abolish the “500 foot rule” and would declare the law unconstitutional.
The “500 foot rule” has long been considered a “backdoor ban on guns” because it makes it incredibly difficult for gun store owners to set up shop. A gun store owner to obtain requisite local, state, and federal permits before setting up shop. Obtaining the permits is a long and arduous process. Teixeira vs. Alameda County made the process even more difficult by preventing any gun shops from opening up within 500 feet of schools, residential dwellings, liquor stores, other gun shops and daycare centers.
John Teixeira has decided to challenge the ruling after a failed attempt to open “Valley Guns and Ammo” after being denied county permits due to complaints from residents within 500 feet of the proposed shop. He is challenging the ruling based his claim that it denies his right of due process and other rights protected by the Second Amendment. He argues that:
The right to bear arms includes the right to acquire arms.
Teixeira claims that the “500 foot rule” makes this too difficult to achieve. He challenged the ruling in the United States District Court for the Northern District of California. He lost and was then forced to appeal the case to the 9th Circuit Court, the ruling was remanded the case to the lower court where it currently awaits review.
One judge of the 9th Circuit Court has shown support for Teixeira. Judge Diarmuid O’Scannlain has emphasised the importance the founding fathers placed on the right for Americans to be able to purchase firearms unmolested by the federal government.
The historical record indicates that Americans continued to believe that such right included the freedom to purchase and to sell weapons. In 1793, Thomas Jefferson noted that “[o]ur citizens have always been free to make, vend, and export arms. It is the constant occupation and livelihood of some of them.”
The decision is currently review but, if repealed, will remove the “500 foot rule” and make it easier for gun shops to open up and and for citizens to purchase firearms.
Do you think you’ll see more gun stores in your neighborhood if Teixeira vs. Alameda County is repealed? Sound off in the comment section!