By Donovan Mullen
Washington DC –-(Liberty Report)-The U.S. Supreme Court refused to endorse a Constitutional right to sell firearms. This was formally rejected after three men attempted to open a gun store in Northern California. This decision not to hear this case left a federal appeals court decision that said the Second Amendment does not protect the rights of gun stores or potential firearms seller. The Lower court, the 9th Circuit court (of course) determined in October 2017 that the Second Amendment doesn’t apply to gun stores.
This is a devastating blow to gun owners and potential gun store owners in the state of California. The 9th Circuit Court decided that it was the right of the state to strictly regulate the sale of firearms. Judge Marsha Berzon has made it clear that she does not support the second amendment. “Selling, publishing, and distributing books and other written materials,” Berzon writes, is “itself expressive activity.” Booksellers “consequently have freestanding rights under the First Amendment to communicate with others through such protected activity.” Selling a gun, by comparison, “is not part or parcel of” the right of the people to “keep and bear arms.”
In this quote, she made it clear that she does not believe that the Second Amendment needs the same support that the First Amendment needs. She states that books are the right of the people to express themselves and this network is needed as it gives the people a voice to get their freedom of speech across. But she interprets D.C. vs. Heller decision in a way that fits her narrative. “D.C. v. Heller, the 2008 decision establishing an individual right to bear arms, which stated: “nothing in our opinion should be taken to cast doubt on … laws imposing conditions and qualifications on the commercial sale of arms,” which are “presumptively lawful regulatory measures.” That passage alone, Berzon writes, strongly suggests that retailers cannot “assert an independent, freestanding right to sell firearms under the Second Amendment.”
These devastating blows again the Second Amendment are moving towards making it impossible to get firearms and ammunition for legal gun owners in California. As of right now, California gun owners can only buy ammo if they have been approved by the California Department of Justice, and only then will they be allowed to buy ammo from an approved FFL after going through a background check like they would if they were purchasing a firearm. With this ruling being ignored by the Supreme Court, California lawmakers can now start adding more and more unreasonable regulations for gun stores and eventually drive them out of business leaving all gun owners high and dry in their attempts to purchase a firearm and now purchase ammo.
The far left knows they cannot take our guns by signing laws that take away or ban certain firearms, but what they can do is remove the sources of firearms and legislate that ammo can only be purchased from gun stores and then use that same power and remove gun stores and other approved FFLs because the regulations would be too extreme that a small business would not be able to meet the necessary standards to keep their shops open legally. The whole issue started because the three men wanted to open a store but it was to close to a residential area but was the only location that allowed them to meet to other standards required by the state. When they were denied, they were told that there were 10 other stores in the area that gun owners could go and shop and that there wasn’t a need for another shop to be opened.
The case is Teixeira v. Alameda County, 17-982
http://www.slate.com/blogs/the_slatest/2017/10/11/ninth_circuit_rules_there_s_no_second_amendment_right_to_sell_firearms.html
