Witkin Is Zoned Out | The Zelman Partisans

Posted: October 22, 2018 by gamegetterII in Uncategorized

“This little piece of witlessness made the rounds last week:

Can zoning laws settle the gun debate?
If there could be a “right” to be free of guns, the logical question is then how it should be asserted. The answer may be in zoning. Because gun rights are tied to personal security, there appears to be room for citizens to exclude guns in their immediate surroundings as one means of protecting themselves.

No.

The is no “right” to be free of guns owned by other people. Your rights do not extend to denying other people’s rights. One can choose to be free of guns by not owning one. One cannot choose to make anyone else not own a gun. You do not have a right to my property.

Because gun rights were tied to personal security, there appears to be room for citizens to exclude guns in their immediate surroundings as one means of protecting themselves.

Witkin cites Heller, and claims that a decision, which specifically ruled against firearms restrictions so onerous as to prevent possession, somehow supports… zoning laws that prevent possession.

For example, zoning at the neighborhood or even block level could allow people to assert a right to be free from guns. Zoning is a policy tool that courts have upheld even when it clashes with the constitutional rights of individuals, such as freedom of expression and the sale of guWill he volunteer to lead the stack in confiscation raids?ns.

And there he cites Teixeira to demonstrate that zoning laws can restrict Second Amendment rights. Wrongly:

The district court’s characterization of residentially-zoned districts” as “sensitive areas” is incongruous with Heller, which assumed that firearms could be restricted in sensitive places “such as schools and government buildings,” specifically in contrast to residences, where firearms could not be prohibited.

It seems unlikely that Witlesskin actually readTeixeira, any more than he read Heller. Teixeira did not uphold the restriction of 2A rights through zoning; it found that zoning which excluded a proposed gun store did not infringe upon a recognized right because there were other stores in the area where firearms could be purchased, and people could still possess firearms. That is the opposite of Witkin’s claim.

I repeat: Heller (and later McDonald) specifically ruled against firearms restrictions so onerous as to prevent possession.

No, you cannot zone away our rights.”

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http://zelmanpartisans.com/?p=5563

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