9th Circuit Rules That Right To Buy, Sell Guns Protected By 2A In SAF Case

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A three-judge panel for the U.S. Ninth Circuit Court of Appeals has issued a 2-1 ruling that "the right to purchase and sell firearms is part and parcel of the historically recognized right to keep and bear arms" protected by the Second Amendment in a case brought by the Second Amendment Foundation.

SAF was joined in the case by the California Association of Federal Firearms Licensees, the Calguns Foundation, Inc., and three businessmen, John Teixeira, Steve Nobriga and Gary Gamaza. SAF was represented by noted California civil rights attorney Don Kilmer, and the case was supported by an important amicus brief filed by Virginia attorney Alan Gura for the Citizens Committee for the Right to Keep and Bear Arms. Gura won both the Heller and McDonald Second Amendment rulings before the U.S. Supreme Court.

"This is an important decision," said SAF founder and CCRKBA Chairman Alan Gottlieb. "It remands the case back to the lower court for further proceedings consistent with the ruling as it pertains to the Second Amendment."

The lawsuit was against an Alameda County ordinance that prohibits gun stores from being located within 500 feet of a residential zone. Writing for the majority, Judge Diarmuid F. O'Scannlain noted that, "the Ordinance burdened conduct protected by the Second Amendment and that it therefore must be subjected to heightened scrutiny—something beyond mere rational basis review."

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