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John Teixeira v. County of Alameda

Court of Appeals for the Ninth Circuit · No. 13-17132 · 854 F.3d 1046

Decided

👎Unfavorable to gun rights

En banc court left the zoning restriction in place and rejected a freestanding right to sell firearms.

GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.

What the court held

Would-be gun store operators challenged an Alameda County zoning ordinance barring firearms retailers within 500 feet of residences after the county denied a variance for their proposed store, which was to combine sales with training, licensing, gunsmithing, and storage. The en banc Ninth Circuit rejected the challenge, holding that the ordinance did not meaningfully burden county residents' ability to buy firearms because other gun sellers operate nearby, including one about 600 feet away, and that the plaintiffs had no independent Second Amendment right to sell firearms. Judge Bea dissented, arguing the complaint adequately alleged a burden on customers that required heightened scrutiny and that the historical record supports a right to sell arms.

Summarized from the court's opinion.

What this case is about

county zoning ordinance restricting where gun stores may operate

GunMapUSA summary of the issue, not a quotation from the court.

Key Dates

Read the full opinion The complete text of the court's decision, reproduced in full.

Sources

Summary of public court records. Not legal advice.