United States Ninth Circuit

In an action brought by three individuals wishing to operate a gun shop in Alameda County, California, challenging a County ordinance, which does not permit prospective gun stores to be located within 500 feet of a residentially zoned district, the district court's dismissal for failure to state a claim is: 1) affirmed as to the dismissal of the Equal Protection claims, where this was not a situation where one group was being denied a right while another similar group was not; and 2) reversed as to the dismissal of the Second Amendment claims where the County had offered nothing to undermine the Court's conclusion that the right to purchase and to sell firearms is part and parcel of the historically recognized right to keep and to bear arms.

Appellate Information

• Published 2016/05/16

Judges

• O'SCANNLAIN

Court

• United States Ninth Circuit

Counsel