http://amp.slate.com/blogs/the_slatest/2017/10/11/ninth_circuit_rules_there_s_no_second_amendment_right_to_sell_firearms.htmlThis article is from slate, so has an extremely biased slant on the issue. Better analysis should be added as it gets written, and found, by one of us.
For those of you who are not local, Big 5 is where you go to get your kid shoes for basketball, or some camping gear or workout wear, and not high end, at that. They do sell guns, they carry and sell a few long guns. Very few. No knowledge base or anything to advise buyers. Certainly no scary black rifles or handguns in their miniscule display.
The reason a gun store could not get a permit is that there literally is no spot that is zoned commercial that is not near a school, daycare, liquor store etc.... The plaintiff literally could not find a location at all. So, the rules are realy made to say "no gun stores allowed" . Just like the local city council meeting I went to last week. They are now ELATED. They can also now, in this county, make it so no gun stores can open ! BTW, when they say daycare, they also mean any home daycare of 4-6 kids. A gun store includes someone without a storefront that has a Firearms transfer permit. Daycare places are also common in commercial zones here. The city council meeting I was at last week in this county, everyone in the city (Mayor, councilmen, lawyer) acknowledged that there is no spot that is both zoned commercial and NOT close to one of the prohibited places, or the one existing gun store.
This is an issue as it is ILLEGAL in California to sell even a long gun person to person, it is also ILLEGAL to loan a gun to a friend, at all, without going thru a licensed gun store to make sure they pass a background check. It is also ILLEGAL to buy ammo except thru a licensed gun store that does background checks, starting soon. So, not allowing gun stores thru zoning means that there is no way to own and use guns.
It is amazing that they would rule this way, given the "common sense gun laws" that exist here. It should be true that a gun owners rights are not violated by not allowing commercial gun stores. In most places in the country, that is true -- because ammo can be sold anywhere, because you can loan a friend your shotgun for the month for hunting, etc.... But, it is more than disengenuous for them to say it doesnt violate rights to keep and bear arms IN CALIFORNIA. Seems like they totally disregarded California laws requiring access to gun stores to keep and bear arms in this state. Kind of like the carry law, 9th circuit disregarded other rulings that have unequivocably found the right to carry, in some form, is a right, so that you have to allow either open carry, concealed carry ( or both) -- 9th circuit ignored that and said, well there is no specific right to concealed carry -- sure, but you also cant open carry ( even a long gun in unincorported areas s of our most recent restriction coming down the pipe...) at all.