Zoning and the Second Amendment

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KLB
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Zoning and the Second Amendment

Postby KLB » Wed Dec 28, 2016 9:12 pm

Alameda County, California, passed zoning restrictions barring gun stores from all unincorporated areas in the county (incorporated areas' zoning is of course controlled by the relevant municipality). Last May, the federal Ninth Circuit Court of Appeals held that violated the Second Amendment unless the county made further showing. But now the court is reconsidering the matter, which is an ominous sign.
https://www.washingtonpost.com/news/vol ... 531a253c77

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ELB
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Re: Zoning and the Second Amendment

Postby ELB » Wed Dec 28, 2016 9:50 pm

No this is not good. Every time a panel from the 9th makes a constitutionally sound decision about 2A, the rest of the court goes en banc to overturn it.
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Re: Zoning and the Second Amendment

Postby TexasJohnBoy » Wed Dec 28, 2016 11:13 pm

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C-dub
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Re: Zoning and the Second Amendment

Postby C-dub » Wed Dec 28, 2016 11:18 pm


Well now, wouldn't that be just awesome?
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Re: Zoning and the Second Amendment

Postby TexasJohnBoy » Wed Dec 28, 2016 11:27 pm

C-dub wrote:

Well now, wouldn't that be just awesome?

I'm really hoping this first 100 days really turns out to the the tear jerker for the left that's been promised...
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Re: Zoning and the Second Amendment

Postby Skiprr » Wed Dec 28, 2016 11:42 pm


From the article: White House spokesman Eric Schultz said, "Republican tactics have been shameful and will forever leave a stain on the United States Senate. Republican congressional dysfunction has now metastasized to the third branch of government, and that is not a legacy to be proud of."

:headscratch

Mr. Schultz--who will be unemployed in just days--seems be just a tad bit confused about the word "legacy" in this context. The legacy we have right now is eight years of a leftist, delusional, out-of-touch, executive-order-driven presidential administration. The new Republican slate for "legacy" begins January 20.
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Re: Zoning and the Second Amendment

Postby Jusme » Thu Dec 29, 2016 8:06 am

Skiprr wrote:

From the article: White House spokesman Eric Schultz said, "Republican tactics have been shameful and will forever leave a stain on the United States Senate. Republican congressional dysfunction has now metastasized to the third branch of government, and that is not a legacy to be proud of."

:headscratch

Mr. Schultz--who will be unemployed in just days--seems be just a tad bit confused about the word "legacy" in this context. The legacy we have right now is eight years of a leftist, delusional, out-of-touch, executive-order-driven presidential administration. The new Republican slate for "legacy" begins January 20.



And one that can remove that "legacy" with a few pen strokes.
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Re: Zoning and the Second Amendment

Postby TexasJohnBoy » Thu Dec 29, 2016 3:19 pm

The thing that's really annoying to me is that the system worked exactly as intended. The senate saw fit to block nominations from an executive branch that they saw as overreaching and slanted way far to the left. The legislature blocked those nominations by following the letter of the law, not by a stroke of some expensive pen in the Oval Office.
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Re: Zoning and the Second Amendment

Postby The Annoyed Man » Thu Dec 29, 2016 3:37 pm

TexasJohnBoy wrote:The thing that's really annoying to me is that the system worked exactly as intended. The senate saw fit to block nominations from an executive branch that they saw as overreaching and slanted way far to the left. The legislature blocked those nominations by following the letter of the law, not by a stroke of some expensive pen in the Oval Office.

And in the exercise of their infinite wisdom™ (democrat wisdom having somewhat the appearance of leprechauns and unicorns.....interesting, but not real), Senate democrats enacted the nuclear option, making it impossible for them to filibuster any of Trump's judicial nominees. Of course, now democrats lecture republicans about the use of the nuclear option, which apparently the Constitution only permits the use of to democrats, and of which the use by republicans would be somehow antidemocratic and would shatter the republic for which they never gave a cup of warm spit anyhow.......

I am unapologetic about the Schadenfreude. :lol:
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Re: Zoning and the Second Amendment

Postby KLB » Fri Feb 03, 2017 11:16 am

An amicus brief supporting the appeal has been filed.
https://www.washingtonpost.com/news/vol ... 58c1ab08f3

Here's a summary of the argument:

Can a government prohibit all new firearms commerce within its jurisdiction? The issue in this case is the same issue that precipitated the American Revolution.
To regain dominance over the increasingly defiant American people, the British prohibited arms commerce. In the summer of 1774, American merchants were prevented from withdrawing their supplies of gunpowder that were stored in powder houses (secure brick buildings). Soon after, British Redcoats marched out to confiscate the Americans’ firearms and gunpowder from the Charlestown powder house.
The prohibition escalated in October 1774, when King George and his ministers embargoed all import of firearms or gunpowder into the thirteen colonies. Edmund Burke, a leading member of Parliament, suggested that the embargo was illegal, and Americans heartily agreed. The Virginia Charter in 1606 and the New England Charter in 1620 had expressly guaranteed the rights of firearms commerce.
Americans defied the British ban on arms commerce by importing firearms and gunpowder from other nations, and by domestic manufacturing. When the British army attempted to confiscate arms at Lexington and Concord on April 19, 1775, the Revolutionary War began. The British embargo on commerce — and American defiance of that embargo — continued throughout the war.
When the London government thought that victory was near in 1777, it wrote a plan to keep defeated America in perpetual submission. The plan included permanent prohibition of all American arms commerce.
The United States Constitution comprehensively protects the American people from the types of abuses that necessitated the Revolution. Necessarily, the Second Amendment still prohibits the particular abuse that triggered war with Britain hundreds of years ago: prohibition of firearms commerce.


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Re: Zoning and the Second Amendment

Postby doncb » Fri Feb 03, 2017 5:17 pm

Sounds a lot like this one.

A town in NJ is removing an exemption for firing ranges from a 1961 ordinance that forbids the firing of “any pistol, shotgun, rifle or other type of firearms anywhere in the borough".

Do gun control nuts sit around all day and just think of this kind of stupidity?

https://bearingarms.com/erika-h/2017/02/02/new-jersey-ordinance-aims-to-increase-gun-control-and-squash-proposal-for-new-firing-range/
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Re: Zoning and the Second Amendment

Postby lfinsr » Fri Feb 03, 2017 6:46 pm

Jusme wrote: And one that can remove that "legacy" with a few pen strokes.


To paraphrase someone...
If you like your legacy you can keep it. :smash:
My guns won't be illegal, they'll be undocumented. :thumbs2:

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Re: Zoning and the Second Amendment

Postby KLB » Mon Oct 16, 2017 7:48 pm

The Ninth Circuit has ruled. Alameda County won. According to the Ninth Circuit, banning gun stores does not violate the Second Amendment.

http://cdn.ca9.uscourts.gov/datastore/opinions/2017/10/10/13-17132.pdf


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Re: Zoning and the Second Amendment

Postby Soccerdad1995 » Mon Oct 16, 2017 8:05 pm

I thought the left wanted to get rid of the "gun show loophole" by having people buy all their guns through licensed dealers. Sounds like the good folks in Alameda county now will need to rely solely on private sales instead.
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Re: Zoning and the Second Amendment

Postby Keith B » Mon Oct 16, 2017 8:09 pm

Soccerdad1995 wrote:the left wanted to get rid of the "gun.


Fixed it for you.
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