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

[ArcadiaGP]

Court Rules That Right To Buy, Sell Guns Protected By 2A In SAF Case
Second Amendment Protects Right to Buy and Sell Guns, Court Rules - WSJ

A U.S. Ninth Circuit Court of Appeals panel today ruled that “the right to purchase and sell firearms is part and parcel of the historically recognized right to keep and bear arms,” an opinion almost certain to make gun prohibitionists shudder.

The 2-1 opinion came in a case filed by the Second Amendment Foundation, the California Association of Federal Firearms Licensees, the Calguns Foundation, Inc., and three businessmen, John Teixeira, Steve Nobriga and Gary Gamaza. It is known as Teixeira v. Alameda County, and it was supported by an amicus brief filed by Virginia attorney Alan Gura for the Citizens Committee for the Right to Keep and Bear Arms.

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.

 

[Mark 1911]

It's really nice when things go our way.

I didn't expect this court to rule this way.

 

[Expat]

I would assume that it will be appealed to the full court (en banc)?

 

[SEIndSAM]

Wow!! That coming from the 9th Circuit??? I really am shocked...

 

[mrjarrell]

Congrats to SAF on yet another victory in the war on guns. And congratulations to the justices of the 9th for once again getting it right on gun Rights. They've been building quite a good record in that area for years now.

 

[Liberty Sanders]

Whoa!!! This came from the 9th circuit????? We're in better shape than I thought.

 

[2A_Tom]

2-1

 

[T.Lex]

Wow!! That coming from the 9th Circuit??? I really am shocked...

Whoa!!! This came from the 9th circuit????? We're in better shape than I thought.

Yeah, except it is statistically more likely to get overturned.

 

[KG1]

Yeah, except it is statistically more likely to get overturned.

Doesn't the 9th have the distinction of being the most overturned? or does some other circuit have that honor?

 

[T.Lex]

Doesn't the 9th have the distinction of being the most overturned? or does some other circuit have that honor?

Basically, yeah. As a percentage, it isn't. Some circuits only have a few cases go up, so if they get 1 overturned, it is statistically devastating. The 9th has, I believe, the most appeals to SCOTUS, and one of the highest rates of reversal. So, they are wrong more often than any other circuit.

At least, that's how I like to view the numbers.

More here:
SCOTUS for law students (sponsored by Bloomberg Law): Scoring the circuits : SCOTUSblog

 

[pudly]

I would assume that it will be appealed to the full court (en band)?

Yup.

 

[Mgderf]

Basically, yeah. As a percentage, it isn't. Some circuits only have a few cases go up, so if they get 1 overturned, it is statistically devastating. The 9th has, I believe, the most appeals to SCOTUS, and one of the highest rates of reversal. So, they are wrong more often than any other circuit.

At least, that's how I like to view the numbers.

More here:
SCOTUS for law students (sponsored by Bloomberg Law): Scoring the circuits : SCOTUSblog

Even a stopped clock is correct, eventually...

 

[Kirk Freeman]

Recognition of an important penumbra right.

For more on the subject: Second Amendment Penumbras: Some Preliminary Observations (Final) by Glenn Harlan Reynolds :: SSRN

 

[Kirk Freeman]

David Hardy: Of Arms and the Law: Great ruling from the 9th Circuit

 

[Expat]

Actually it is a sad statement that everyone is so happy with this decision. If there is a right to keep and bear arms, how can there not be a right to buy or sell them? It shouldn't have even been up for debate.

 

[pudly]

Actually it is a sad statement that everyone is so happy with this decision. If there is a right to keep and bear arms, how can there not be a right to buy or sell them? It shouldn't have even been up for debate.

You are correct, but respect for the 2A isn't popular in some areas. Its a victory over a group of politicians who actually took it that far in CA.

 

[KG1]

It's just like some anti 2A goofballs trying to suggest that the 2A doesn't apply to ammunition. They'll try any angle.

 

[HoughMade]

It's really nice when things go our way.

I didn't expect this court to rule this way.

I don't know the judges and their political bent, but believe it or not, there are judges who are intellectually honest and who will make the right rulings if the precedent is clear even it conflicts with their personal version of "wisdom".

 

[2A_Tom]

I hate intellectual honesty.

 

[KLB]

I don't know the judges and their political bent, but believe it or not, there are judges who are intellectually honest and who will make the right rulings if the precedent is clear even it conflicts with their personal version of "wisdom".

Sadly, it seems to be hard to find