9th Circuit Rules There’s No Constitutional Right to Sell Firearms...
This sidestep by the 9th is so clearly an infringement on the right to keep and bear arms it's appalling. But Heller opened the door.
9th Circuit Rules There’s No Constitutional Right to Sell Firearms. Will the Supreme Court Care?
Quote:
Does the Second Amendment protect an individual right to sell firearms to the public? No, the 9th U.S. Circuit Court of Appeals ruled on Tuesday in Teixeira v. County of Alameda, a landmark decision affirming the government’s constitutional authority to strictly regulate gun shops. The 9–2 ruling is a victory for gun safety advocates who feared judicial aggrandizement of the right to bear arms could invalidate myriad laws governing firearm commerce. The decision may be imperiled, however, if the plaintiffs appeal to the Supreme Court, where conservative justices are increasingly eager to expand the scope of the Second Amendment.
...Berzon then turned to the plaintiffs’ more substantial argument: whether the Second Amendment confers a right to sell firearms. She began by quoting 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.”