Posted October 12, 2017 8:00 am by Comments

By Chris Eger

The U.S. 9th Circuit on Tuesday upheld an Alameda County law barring gun stores within 500 feet of residential properties in a blow to gun rights advocates.
The ruling came from a 9-2 en banc panel of the court in a case brought by gun dealers and Second Amendment groups who contended the county’s zoning effectively put it off limits to new gun stores. The court held that local governments could regulate the sale of firearms so long as would-be buyers were still able to purchase them somewhere in the area and that the Second Amendment does not protect the ability to engage in gun sales.
Writing for the majority, Judge Marsha Berzon noted that there were numerous gun stores, including a Big 5 Sporting Goods outlet, located in the County that had been in operation before the 500-foot rule came into effect, and the new zoning restriction did not burden the right to keep and bear arms as it just limited the ability to open new gun stores.
“In any event, gun buyers have no right to have a gun store in a particular location, at least as long as their access is not meaningfully constrained,” said Berzon.
The case was brought in


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