Tuesday, May 17, 2016

Ninth Circuit Creates A Second Amendment Floor?

by JASmius

Maybe Hillary Clinton's SCOTUS might not completely pull the plug on the Second Amendment after all:

The Ninth Circuit Court of Appeals Monday ruled that that the Second Amendment right of gun buyers extends to protect gun retailers from being excluded from an area.

The ruling was based on the challenge to an Alameda County, California, ordinance that stated that a gun store must be located at least five hundred feet away from any residentially-zoned district, elementary, middle or high school, pre-school, day care center, another firearms retailer or an establishment where liquor is sold or served.

However, according to a Geographic Information Systems (GIS) study of all of Alameda County, there are no parcels in the county that meet the ordinance’s mandates. The plaintiffs argued the regulation was tantamount to an outright ban....

Writing for the majority, Judge Diarmuid O’Scannlain said that the “right of law-abiding citizens to keep and to bear arms is not a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees…”

“If the right of the people to keep and bear arms is to have any force, the people must have a right to acquire the very firearms they are entitled to keep and to bear. Indeed, where a right depends on subsidiary activity, it would make little sense if the right did not extend, at least partly, to such activity as well….Alameda County has offered nothing to undermine our 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,” O’Scannlain wrote. [emphases added]

Yes, I know, this is a local ordnance in which the Constitution does not give the federal courts jurisdiction, just like the SCOTUS's Heller decision seemed like a big win for the Second Amendment but actually set the precedent whereby that victory could easily be taken away.  But that's not the point in this instance.  #NeverHillary Trump-enablers are waxing horrific about Mrs. Clinton making Satan look like Jesus Christ in an effort to justify (to themselves, I think) a vote for Donald Trump in November, refusing to recognize that there is no such thing as any degree of Trump support that does not indelibly tar the conservative who gives it and destroy their credibility, no matter how much they insist that "I'm as close to #NeverTrump as it's possible to get, but....".  For professing Republicans, it really is an either/or proposition.  Either you're #NoneOfTheAbove, or you are a Trumper, however reluctant a one.  With all the garbage that comes along with it.

What this Ninth Circuit ruling illustrates is that as bad as the Empress will be, she may not, after all, be as bad as the Hillary Scarecrow brigade shriekingly insists.  Certainly not enough to willingly cooperate in the attempt to inflict the equivalent alternative on the country that would likely be even worse.

And....the Ninth Circuit took a stand for the right to keep and bear arms.  Words that have never been put in that particular combination ever.  Personally, I'll take the hope of better days that represents along with my intact principles and self-respect every day of the week and six times on Sunday.

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