Teixeira v. County of Alameda, No. 13-17132 (9th Cir. 2017)Annotate this Case
A textual and historical analysis of the Second Amendment demonstrates that the Constitution does not confer a freestanding right on commercial proprietors to sell firearms. The en banc court affirmed the district court's dismissal for failure to state a claim a 42 U.S.C. 1983 suit alleging that the County violated plaintiff's Second Amendment rights, as well as those of his potential customers, when it denied plaintiff conditional use permits to open a gun shop. The panel held that plaintiff failed to plausibly allege that the County's ordinance impedes any resident of Alameda County who wishes to purchase a firearm from doing so, and thus he failed to state a claim for relief based on infringement of the Second Amendment rights of his potential customers. The panel reasoned that plaintiff could not state a Second Amendment claim based solely on the ordinance's restriction on his ability to sell firearms.
This opinion or order relates to an opinion or order originally issued on May 16, 2016.