Or take advantage of.
The council of course will do nothing with this.
The U.S. 9th Circuit Court of Appeals has taken a swipe at 2nd Amendment absolutists by ruling that, however one interprets the Constitution’s guarantee of a right to “keep and bear arms,” it doesn’t mean that gun shops have an absolute right to locate themselves anywhere they wish.
The 9-2 ruling in Teixeira v. County of Alameda, handed down Tuesday by the San Francisco-based court, upheld an Alameda County ordinance that banned new gun shops within 500 feet of schools, day care centers, liquor stores or bars, other gun stores, and residential districts.
Almost all of Burbank’s gun stores are located in residential neighborhoods and near schools. (Because they are, we consider the Magnolia and Burbank Blvd neighborhoods to be residential.)
The Alameda County case was brought by John Teixeira, who planned to open a gun shop in the unincorporated neighborhood of San Lorenzo in 2010. The Alameda County Board of Supervisors denied him a permit after finding that his chosen location fell within 500 feet of a residential zone. Backed by a coalition of gun rights groups, Teixeira sued to overturn the ordinance, arguing that the law was so restrictive that there were no locations left within Alameda’s unincorporated areas that would allow a gun store. A federal district court threw out his case but was overruled last year by a three-judge panel of the 9th Circuit, which sent the case back down for further proceedings; the full circuit court then took up the case, and on Tuesday upheld the original district court’s original dismissal.
The case turned on the question of whether the 2nd Amendment allows regulation of commerce in firearms. Courts have disagreed on the issue, in part because the leading 2nd Amendment case, the Heller decision handed down by the Supreme Court in 2008, left the question murky. “Nothing in our opinion,” Justice Antonin Scalia wrote for the majority, “should be taken to cast doubt on longstanding. . . laws imposing conditions and qualifications on the commercial sale of arms.” To lawyers, those words still left room to challenge ordinances aimed at sellers of guns and ammo.
Burbank. Proud gun haven of the San Fernando Valley. And it will continue to be so even more after tonight. The council will do nothing to make any waves here. They have no balls.
(Why do these gun clowns feel so comfortable in Burbank anyway? That should give pause to anyone with half a brain.)