9th U.S. Circuit Court of Appeals,
Civil Rights,
Constitutional Law,
U.S. Supreme Court
Oct. 17, 2017
2nd Amendment is not a second-class right
In the words of Judge Tallman, a recent 9th Circuit "decision further lacerates the Second Amendment, deepens the wound, and resembles the Death by a Thousand Cuts."
Donald E.J. Kilmer Jr.
Law Offices of Donald Kilmer, APCPhone: (408) 264-8489
Email: Don@DKLawOffice.com
Don is a civil rights litigator, law professor, and co-editor of a law school casebook on Firearms Law and the Second Amendment.
In Teixeira v. Alameda County, 2017 DJDAR 9780, an en banc panel of the 9th U.S. Circuit Court of Appeals vacated a three-judge panel's opinion that would have allowed a licensed gun dealer to proceed with a trial court challenge to an Alameda zoning ordinance that kept him from opening a gun store in that county.
The original three-judge panel filed a rather uncontroversial opinion. Essentially: Before a...
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