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.https://leagle.com/images/logo.png
Argued and Submitted En Banc March 22, 2017 — San Francisco, California.
Brian P. Goldman (argued), Orrick Herrington & Sutcliffe LLP, San Francisco, California; Donna R. Ziegler , County Counsel; Office of the County Counsel, County of Alameda, Oakland, California; for Defendants-Appellees.
Alan Gura , Gura & Possessky PLLC, Alexandria, Virginia, for Amicus Curiae Citizens Committee for the Right to Keep and Bear Arms.
Imran A. Khaliq , Arent Fox LLP, San Francisco, California; Laura J. Edelstein , Steptoe & Johnson LLP, Palo Alto, California; for Amici Curiae Law Center to Prevent Gun Violence, and Youth Alive!
T. Peter Pierce and Stephen D. Lee , Richards Watson & Gershon APC, Los Angeles, California, for Amici Curiae League of California Cities, and California State Association of Counties.
Eugene Volokh , Los Angeles, California, for Amici Curiae Professors Randy Barnett, Robert J. Cottrol, Brannon Denning, Michael O'Shea, and Glenn Harlan Reynolds, and The Firearms Policy Foundation.
Bradley A. Benbrook and Stephen M. Duvernay , Benbrook Law Group PC, Sacramento, California, for Amici Curiae Firearms Policy Coalition, Golden State Second Amendment Council, Madison Society Foundation, Commonwealth Second Amendment Inc., Gun Owners of California, and San Diego County Gun Owners Political Action Committee.
Joseph G.S. Greenlee , Jolein A. Harro P.C., Steamboat Springs, Colorado; David B. Kopel , Independence Institute, Denver, Colorado; for Amici Curiae Jews for the Preservation of Firearms Ownership, and The Independence Institute.
Partial Concurrence and Partial Dissent by Judge Tallman; Dissent by Judge Bea.
OPINION
BERZON, Circuit Judge:
The County of Alameda seeks to preserve the health and safety of its residents by (1) requiring firearm retailers to obtain a conditional use permit before selling firearms in the County and (2) prohibiting firearm sales near residentially zoned districts, schools and day-care centers, other firearm retailers...
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