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Originally Posted by kilimanjaro
....If there are gun stores in other locations the County is free to craft an Ordinance that effectively bans them without showing any public good. Maybe bakeries and day care centers, too.
So even the court cannot check the power of the government, they can do whatever they like.
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Hogwash! The dissent says no such thing. Judge Silverman's position in his dissent is simply that the the case really doesn't raise a Second Amendment issue.
As Judge Silverman notes (
Teixeira v. County of Alameda (Ninth Circuit, No. 13-17132, 2016), slip op. at 35):
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...there is no claim that, due to the zoning ordinance in question, individuals cannot lawfully buy guns in Alameda County. It is undisputed that they can....
When you clear away all the smoke, what we’re dealing with here is a mundane zoning dispute dressed up as a Second Amendment challenge....
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Absolutely nothing in Judge Sullivan's very short dissent could by any stretch of the imagination support the conclusion that:
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Originally Posted by kilimanjaro
...even the court cannot check the power of the government, they can do whatever they like.....
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Such preposterous comments do nothing to further either our understanding of the legal process or the RKBA
Of course Judge O’Scannlain's opinion addressed Judge Silverman's point.