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California Cities Are Free to Regulate Gun Stores Out of Existence
Reason ^ | May 15, 2018 | Declan McCullagh

Posted on 05/17/2018 6:28:46 AM PDT by Zakeet

The U.S. Supreme Court on Monday sent a clear message to millions of gun owners in California: You're living in a Second Amendment-free zone.

In an order on Monday, without explanation or comment, the Court rejected a civil rights lawsuit brought by the Calguns Foundation and the Second Amendment Foundation. Those groups had hoped the justices would rule that the Second Amendment continues to apply even in the progressive enclaves of the left coast—and that law-abiding California residents possess the right to buy and sell firearms.

Instead, the Supreme Court declined to hear the case, a decision that underscores its willingness to let California legislators and judges evade the Second Amendment within the borders of the state.

[Snip]

Their lawsuit challenges a decision by Alameda, a California county that includes Oakland and other east bay cities, to enact a zoning law so onerous it effectively bans gun stores. The U.S. Court of Appeals for the 9th Circuit sided with Alameda in 2017, saying that "no historical authority suggests that the Second Amendment protects an individual's right to sell a firearm."

(Excerpt) Read more at reason.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: California
KEYWORDS: 2ndamendment; guns; supremecourt; zoning
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In today's California, even adult movie theaters enjoy greater legal protections than gun stores.

1 posted on 05/17/2018 6:28:46 AM PDT by Zakeet
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To: Zakeet

So the federal government is entitled to force states to recognize homo “marriage” because of some fabricated right under the 14th Amendment, but has no power to force those same states to recognize the explicit right clearly stated in the 2nd Amendment?


2 posted on 05/17/2018 6:38:35 AM PDT by IronJack (A)
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To: IronJack

Great point.


3 posted on 05/17/2018 6:42:09 AM PDT by Da Coyote
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To: Zakeet

In today’s California, even adult movie theaters enjoy greater legal protections than gun stores.


Well, that’s because the Bill of Rights protects “freedom of expression”. Oh wait, that’s not in there. It’s a logical extension of “freedom of speech”. But the ability to buy firearms is not a logical extension of “keep and bear arms”. Got it.


4 posted on 05/17/2018 6:42:47 AM PDT by hanamizu
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To: Zakeet

Ruth Bader Ginsburg,
Associate Justice since August 10, 1993
Age 85

Anthony Kennedy,
Associate Justice since February 18, 1988
Age 81

Stephen Breyer,
Associate Justice since August 3, 1994
Age 79

Clarence Thomas,
Associate Justice
since October 23, 1991
Age 69

Samuel Alito,
Associate Justice since January 31, 2006
Age 68


Perhaps it’s better to postpone that ruling until we have a few more Trump Justices on the Court. We already have one, and I would love to see five more (rejuvenate the seats held by Thomas and Alito with younger conservatives who will be there for a generation or more; replace Kennedy with a consistent vote for the Constitution; and replace RBG and Breyer with Americans who believe in the rule of law).

Every now and then, I imagine several decades with a Court dominated by six or more Justices who believe in the rule of law with written laws and a written Constitution that means what it says. Wouldn’t that be glorious?


5 posted on 05/17/2018 6:44:09 AM PDT by Pollster1 ("Governments derive their just powers from the consent of the governed")
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To: hanamizu

“But the ability to buy firearms is not a logical extension of “keep and bear arms”. ”

I guess the Supreme Court thinks each of us needs to have the ability to build our own guns then. Because if we can’t buy them, where the hell are they going to come from! Ludicrous.


6 posted on 05/17/2018 6:48:08 AM PDT by CottonBall (Thank you , Julian!)
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To: hanamizu

How do you put that line in your post? That looks so much better than the quotation marks I use. And I’m too lazy to put in the HTML to make italics. Because then I have to put HTML all over the post or it gets garbled.


7 posted on 05/17/2018 6:50:09 AM PDT by CottonBall (Thank you , Julian!)
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To: Pollster1

Put in that perspective, there is hope

But for the Supreme Court to decline here in this case, does that mean the majority of the justices didn’t want to hear it?


8 posted on 05/17/2018 6:51:58 AM PDT by CottonBall (Thank you , Julian!)
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To: Zakeet

Then the same is true of planned parenthood and abortion centers.


9 posted on 05/17/2018 6:52:09 AM PDT by Skywise
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To: CottonBall
It’s called a “hard rule “. Use (hr) substitute the html tags for the parentheses.

10 posted on 05/17/2018 6:55:31 AM PDT by raybbr (That progressive bumper sticker on your car might just as wll say, "Yes, I'm THAT stupid!")
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To: Zakeet

Weapon up, gentlemen. It’s coming.


11 posted on 05/17/2018 6:58:23 AM PDT by onedoug
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To: onedoug

I think it’s time for some gun charity - giving guns and rifles away to underserved “gun deserts” where the poor can’t easily afford to defend themselves.


12 posted on 05/17/2018 7:02:12 AM PDT by Skywise
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To: Pollster1

There needs to be “term limits” on SCOTUS nominees. People did not live as long when the Founding Fathers lived.

Wait! No wymn (? “women”) were involved in the drafting of the Constitution. It is thus invalid. /s

Never mind that the precious document has been an inspiration to millions.

When you are ready for a nursing home, you should retire from SCOTUS. Go and spend time with your grandchildren.


13 posted on 05/17/2018 7:08:05 AM PDT by proud American in Canada
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To: Zakeet

Does Alameda county and the city of Oakland think that by illegally banning gun stores that their gun crime rate will decrease?

These people are idiots.

5.56mm


14 posted on 05/17/2018 7:08:48 AM PDT by M Kehoe (THIS SPACE FOR RENT)
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To: Zakeet

This may not be so foolish of the USSC. This is the way the left wins wars all the time: picking the right battles.

It is a certainty that the Supreme Court will have the opportunity to define the second amendment more clearly. But Anthony Kennedy is unpredictable, and just loves a good outrage-provoking liberal ruling now and then. Roberts is somewhat more conservative, but clings to the notion of “stare decisis, (/stairee diss-eyesiss/)” which means only liberals get to revisit previously establish precedent.

The Republicans are near certain to retain the Senate. And I’m actually fairly confident the presidency in 2020. It’s safer to revisit once Kennedy, and maybe even Ginsburg and Breyer are gone.


15 posted on 05/17/2018 7:11:49 AM PDT by dangus
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To: M Kehoe

Another thing, where will the sheriff and local PD get their stores and accessories?

5.56mm


16 posted on 05/17/2018 7:12:58 AM PDT by M Kehoe (THIS SPACE FOR RENT)
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To: M Kehoe

What about gun shows.

All that tax revenue down the drain.

Idiots.

5.56mm


17 posted on 05/17/2018 7:14:29 AM PDT by M Kehoe (THIS SPACE FOR RENT)
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To: Zakeet

I still believe this nation will not survive another 5 years, especially if Democrats take back congress in 2018 and we get a Democrat POTUS in 2020.

Problem is the voting pool has been contaminated with millennials, foreign nationals and people on the dole that pay no taxes. None of these people have any clue what America is all about and have no clue what it means to be an American. And thats how we get leaders like Baraq 0bama, Kamala Harris, Keith Elleson, etc.


18 posted on 05/17/2018 7:15:46 AM PDT by Angels27
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To: IronJack

Maybe the SCOTUS is giving California the same consideration that California is giving the rest of the nation on it Sanctuary State status?

Let them make up and abuse all the rules they want. The aliens will take over and we will move in and kick all of them out, OR, maybe all the gun nuts will cut lose and take care of the government and the aliens all at the same time.

WIN-WIN


19 posted on 05/17/2018 7:19:05 AM PDT by Delta 21 (Build The Wall !! Jail The Cankle !!)
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To: Zakeet

At no time do they even pretend to try to take guns from violent career criminals.
The goal is to take guns from non-violent, innocent citizens.


20 posted on 05/17/2018 7:21:00 AM PDT by I want the USA back (Liberalism is the transformation of mankind into cattle. -Nietzche)
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