ABSTRACT

Second Amendment Right to Sell Firearms? The Ninth Circuit, Sitting En Banc, Weighs In [November 02, 2017]   [open pdf - 428KB]

"On October 10, 2017, in a 9-2 ruling, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) sitting en banc reversed a decision by a three-judge Ninth Circuit panel that held that the Second Amendment protects the commercial sale of firearms. The case, 'Teixeira v. County of Alameda,' involves a Second Amendment challenge to a zoning regulation applicable to firearms stores in Alameda County, California. Teixeira provides Congress with the most substantive guidance on the Second Amendment's applicability to the commercial sale of arms since the Supreme Court commented in 'District of Columbia v. Heller' that 'nothing in our opinion should be taken to cast doubt on longstanding prohibitions on . . . laws imposing conditions and qualifications on the commercial sale of firearms,' among other 'presumptively lawful' regulations. The en banc ruling coincidentally was handed down as Congress is poised to consider legislation designed to limit the manufacture, sale, and possession of 'bump stock' devices, a firearm accessory that allows a semi-automatic firearm to mimic the firing rate of a fully automatic machine gun."

Report Number:
CRS Legal Sidebar, November 02, 2017
Author:
Publisher:
Date:
2017-11-02
Copyright:
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:
pdf
Media Type:
application/pdf
URL:
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