Teixeira v. County of Alameda (CA)

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  • Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    The panel held that a textual and historical analysis of the Second Amendment demonstrated that the Constitution does not confer a freestanding right on commercial proprietors to sell firearms.

    So you can ban the sale of firearms and that does not infringe on the 2nd amendment. How can they possibly come to that conclusion.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    So you can ban the sale of firearms and that does not infringe on the 2nd amendment. How can they possibly come to that conclusion.

    They don't seem to believe that they are banning the sale of firearms because 10 other gun stores exist in the county where you can purchase them including one approx 600 ft from where Teixeira wanted to put one. Had there not been any or they could show that there was some missing segment, the result may have been different.
     

    Rab1515

    Ultimate Member
    Patriot Picket
    Apr 29, 2014
    2,081
    Calvert
    They don't seem to believe that they are banning the sale of firearms because 10 other gun stores exist in the county where you can purchase them including one approx 600 ft from where Teixeira wanted to put one. Had there not been any or they could show that there was some missing segment, the result may have been different.

    There might be gun stores now, but what is to stop CA from a total ban on firearm sales?
     

    GlocksAndPatriots

    Banned
    BANNED!!!
    Aug 29, 2016
    763
    So you can ban the sale of firearms and that does not infringe on the 2nd amendment. How can they possibly come to that conclusion.

    In bad faith. There's no use trying to understand their logic, as they weren't playing by the rules in the first place.
     

    Boxcab

    MSI EM
    MDS Supporter
    Feb 22, 2007
    7,867
    AA County
    They don't seem to believe that they are banning the sale of firearms because 10 other gun stores exist in the county where you can purchase them including one approx 600 ft from where Teixeira wanted to put one. Had there not been any or they could show that there was some missing segment, the result may have been different.

    But does that conflict with Heller?

    Dissenting, Judge Bea stated that neither the historical
    evidence nor the language of District of Columbia v. Heller,
    554 U.S. 570 (2008) supported the majority’s conclusion that
    the Second Amendment offers no protection against
    regulations on the sale of firearms.




    .
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    But does that conflict with Heller?

    Dissenting, Judge Bea stated that neither the historical
    evidence nor the language of District of Columbia v. Heller,
    554 U.S. 570 (2008) supported the majority’s conclusion that
    the Second Amendment offers no protection against
    regulations on the sale of firearms.



    .

    Heller really only addressed total bans and acknowledged some regulations are acceptable. This case appears to fall somewhere in between. All of the court cases to date indicate that the courts will side with the regulation when there is not an absolute ban.
     

    kcbrown

    Super Genius
    Jun 16, 2012
    1,393
    Heller really only addressed total bans and acknowledged some regulations are acceptable. This case appears to fall somewhere in between. All of the court cases to date indicate that the courts will side with the regulation when there is not an absolute ban.

    Remember how you were claiming that the courts only decide cases on the basis of what is brought before them? Well, you're wrong. From Bea's dissent to the en banc decision in Texeira:

    Though the majority has unearthed its own historical narrative to that effect, see Majority Op. 28–34, none of those materials were presented by the County to the district court or in the County’s brief on appeal.

    (emphasis mine)

    As such, the court decided the issue on the basis of material that the court itself provided.

    This proves my original claim: courts can decide the issues brought before them in whatever way they wish, on the basis of whatever they wish, regardless of what is brought before them.
     
    Last edited:

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Remember how you were claiming that the courts only decide cases on the basis of what is brought before them? Well, you're wrong. From Bea's dissent to the en banc decision in Texeira:



    (emphasis mine)

    As such, the court decided the issue on the basis of material that they themselves provided.

    This proves my original claim: courts can decide the issues brought before them in whatever way they wish, on the basis of whatever they wish, regardless of what is brought before them.

    This also happened in Norman; the state didn't provide anything for the OC ban justification other than it was a "policy choice". The FL Supreme Court filled in the justifications for it.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,365
    SoMD / West PA
    So, Anything 1A related like adult book stores are protected, while anything 2A related can be razed into the ground?
     

    Mike OTDP

    Ultimate Member
    Feb 12, 2008
    3,319
    SCOTUS won't touch a 2A case until a Justice has been replaced. Nobody knows which way Kennedy will jump, and nobody is willing to roll the dice with so much at stake.
     

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