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A federal appeals court on Monday ruled in favor of several men who were prevented from opening a gun shop within 500 feet of a residential district in a California county.

The ruling does not strike down the local anti-gun store ordinance, but it does overturn a federal judge's dismissal of the prospective gun store owners' lawsuit, reviving their case.

Judge Andrew Napolitano said that the key issue is if the Second Amendment includes the right to buy and sell firearms, as well as possess them.

Judge Napolitano explained that the three men - who have experience selling firearms lawfully - wanted to open up a gun shop in the Bay Area.

The town where they rented space said no, claiming that guns attract more crime. After a judge initially sided with the town, a federal appeals court has now struck down that decision.

Judge Napolitano said that this pro-gun ruling from the Ninth U.S. Circuit Court of Appeals - a court he called the "most liberal" of the 12 U.S. Circuit Courts of Appeals - is an important and decisive ruling in favor of the Second Amendment.

"If you can't buy a gun, if you can't get a gun, then that is not adequate protection of the right," he said, adding that he was "shocked" and "delighted" by the court's ruling.

Get more insight from the judge in the "Varney & Co." clip above.


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