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Constitutional Law

Jun. 2, 2016

The right to keep and bear and buy arms

The 9th Circuit recently found that a zoning ordinance which regulates where guns can be sold in Alameda County should be subject to heightened scrutiny under Second Amendment challenges.

Imran Khaliq

Imran runs a general practice law firm in Menlo Park specializing in intellectual property, technology transactions, business litigation and civil rights. Before starting his own practice, he worked as partner at several firms and in-house counsel, managing complex commercial and IP litigation and helping clients develop and license patent portfolios.

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In Teixeira v. County of Alameda, the 9th U.S. Circuit Court of Appeals found that a zoning ordinance which regulates where guns can be sold in Alameda County should be subject to heightened scrutiny under Second Amendment challenges. In so finding, the 9th circuit rationalized that the right to bear arms is commensurate with the right to purchase arms. The decision is a puzzling one given the fact that Alameda County has 20 or more gun shops and is plagued by one of the highest r...

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