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TEIXEIRA v. COUNTY OF ALAMEDA

No. 13-17132.

822 F.3d 1047 (2016)

John TEIXEIRA; Steve Nobriga; Gary Gamaza; Calguns Foundation, Inc., (CGF); Second Amendment Foundation, Inc., (SAF); California Association of Federal Firearms Licensees, (Cal-FFL), Plaintiffs-Appellants, v. COUNTY OF ALAMEDA; Alameda County Board of Supervisors, as a policy making body; Wilma Chan, in her official capacity; Nate Miley, in his official capacity; Keith Carson, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 16, 2016.

Attorney(s) appearing for the Case

Donald E.J. Kilmer, Jr. , San Jose, CA, argued the cause and filed the briefs for the plaintiffs-appellants. With him on the opening brief was Charles W. Hokanson , Long Beach, CA.

Scott J. Feudale , County Counsel, Alameda County, CA, argued the cause for the defendants-appellees. Donna R. Ziegler , County Counsel, and Mary Ellyn Gormley , Assistant County Counsel, filed the brief.

Alan Gura , Gura & Possessky, PLLC, Alexandria, VA, filed a brief on behalf of amicus curiae Citizens Committee for the Right to Keep and Bear Arms in support of the plaintiffs-appellants. Imran A. Khaliq , Arent Fox LLP, filed a brief on behalf of amici curiae Law Center to Prevent Gun Violence and Youth Alive! in support of the defendants-appellees.

Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge SILVERMAN.

OPINION

We must decide whether the right to keep and to bear arms, as recognized by the Second Amendment, necessarily includes the right of law-abiding Americans to purchase and to sell firearms. In other words, we must determine whether the Second Amendment places any limits on regulating the commercial sale...

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