Teixeira v. County of Alameda

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. View "Teixeira v. County of Alameda" on Justia Law