Zoning and the Second Amendment

As the name indicates, this is the place for gun-related political discussions. It is not open to other political topics.

Moderators: carlson1, Charles L. Cotton

User avatar

Topic author
KLB
Senior Member
Posts in topic: 3
Posts: 821
Joined: Mon Jan 11, 2016 10:57 am
Location: San Antonio

Zoning and the Second Amendment

#1

Post by KLB »

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
User avatar

ELB
Senior Member
Posts in topic: 1
Posts: 8128
Joined: Tue May 22, 2007 9:34 pm
Location: Seguin

Re: Zoning and the Second Amendment

#2

Post by ELB »

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.
USAF 1982-2005
____________
User avatar

TexasJohnBoy
Banned
Posts in topic: 3
Posts: 1999
Joined: Sun Mar 22, 2015 4:21 pm
Location: North Texas

Re: Zoning and the Second Amendment

#3

Post by TexasJohnBoy »

Not sure if any are on the 9th, but ahem...
http://www.cbsnews.com/news/president-e ... ointments/
TSRA Member since 5/30/15; NRA Member since 10/31/14
User avatar

C-dub
Senior Member
Posts in topic: 1
Posts: 13532
Joined: Sat May 16, 2009 7:18 pm
Location: DFW

Re: Zoning and the Second Amendment

#4

Post by C-dub »

TexasJohnBoy wrote:Not sure if any are on the 9th, but ahem...
http://www.cbsnews.com/news/president-e ... ointments/
Well now, wouldn't that be just awesome?
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider
User avatar

TexasJohnBoy
Banned
Posts in topic: 3
Posts: 1999
Joined: Sun Mar 22, 2015 4:21 pm
Location: North Texas

Re: Zoning and the Second Amendment

#5

Post by TexasJohnBoy »

C-dub wrote:
TexasJohnBoy wrote:Not sure if any are on the 9th, but ahem...
http://www.cbsnews.com/news/president-e ... ointments/
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...
TSRA Member since 5/30/15; NRA Member since 10/31/14
User avatar

Skiprr
Moderator
Posts in topic: 1
Posts: 6458
Joined: Fri Oct 20, 2006 4:50 pm
Location: Outskirts of Houston

Re: Zoning and the Second Amendment

#6

Post by Skiprr »

TexasJohnBoy wrote:Not sure if any are on the 9th, but ahem...
http://www.cbsnews.com/news/president-e ... ointments/
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.
Join the NRA or upgrade your membership today. Support the Texas Firearms Coalition and subscribe to the Podcast.
I’ve contacted my State Rep, Gary Elkins, about co-sponsoring HB560. Have you contacted your Rep?
NRA Benefactor Life Member
User avatar

Jusme
Senior Member
Posts in topic: 1
Posts: 5350
Joined: Tue Jan 19, 2016 4:23 pm
Location: Johnson County, Texas

Re: Zoning and the Second Amendment

#7

Post by Jusme »

Skiprr wrote:
TexasJohnBoy wrote:Not sure if any are on the 9th, but ahem...
http://www.cbsnews.com/news/president-e ... ointments/
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.
Take away the Second first, and the First is gone in a second :rules: :patriot:
User avatar

TexasJohnBoy
Banned
Posts in topic: 3
Posts: 1999
Joined: Sun Mar 22, 2015 4:21 pm
Location: North Texas

Re: Zoning and the Second Amendment

#8

Post by TexasJohnBoy »

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.
TSRA Member since 5/30/15; NRA Member since 10/31/14
User avatar

The Annoyed Man
Senior Member
Posts in topic: 1
Posts: 26790
Joined: Wed Jan 16, 2008 12:59 pm
Location: North Richland Hills, Texas
Contact:

Re: Zoning and the Second Amendment

#9

Post by The Annoyed Man »

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:
“Hard times create strong men. Strong men create good times. Good times create weak men. And, weak men create hard times.”

― G. Michael Hopf, "Those Who Remain"

#TINVOWOOT
User avatar

Topic author
KLB
Senior Member
Posts in topic: 3
Posts: 821
Joined: Mon Jan 11, 2016 10:57 am
Location: San Antonio

Re: Zoning and the Second Amendment

#10

Post by KLB »

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.

doncb
Senior Member
Posts in topic: 1
Posts: 273
Joined: Sun Oct 05, 2014 8:49 am

Re: Zoning and the Second Amendment

#11

Post by doncb »

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 ... ing-range/
If you're standing still, you're loosing.
User avatar

lfinsr
Senior Member
Posts in topic: 1
Posts: 304
Joined: Sun Jul 19, 2009 6:59 pm
Location: DFW

Re: Zoning and the Second Amendment

#12

Post by lfinsr »

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:
User avatar

Topic author
KLB
Senior Member
Posts in topic: 3
Posts: 821
Joined: Mon Jan 11, 2016 10:57 am
Location: San Antonio

Re: Zoning and the Second Amendment

#13

Post by KLB »

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/o ... -17132.pdf

Soccerdad1995
Senior Member
Posts in topic: 1
Posts: 4337
Joined: Mon Jan 04, 2016 8:03 pm

Re: Zoning and the Second Amendment

#14

Post by Soccerdad1995 »

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.
User avatar

Keith B
Moderator
Posts in topic: 1
Posts: 18491
Joined: Sat Aug 18, 2007 3:29 pm

Re: Zoning and the Second Amendment

#15

Post by Keith B »

Soccerdad1995 wrote:the left wanted to get rid of the "gun.
Fixed it for you.
Keith
Texas LTC Instructor, Missouri CCW Instructor, NRA Certified Pistol, Rifle, Shotgun Instructor and RSO, NRA Life Member

Psalm 82:3-4
Post Reply

Return to “Gun and/or Self-Defense Related Political Issues”