County Sued Over Supervisors' Denial of San Lorenzo Gun Shop

Several pro-gun organizations filed a federal lawsuit on Tuesday against Alameda County after its in February.

Steve Nobriga, one of three business owners who , said he believes their constitutional Second Amendment right to bear arms had been violated by the county's decision.

In December, Nobriga, John Teixeira, and Gary Gamaza .

Days later, by the . In February, the Board of Supervisors voted to deny the permit by the BZA.

"I felt like I got kicked in the stomach after the Board of Supervisors meeting," Nobriga said.

The variance was needed for the gun shop because county officials said it would be closer than 500 feet to two residential areas. The lawsuit focuses on how the distance to residences was measured.

“The facts in this case are outrageous,” Second Amendment Foundation founder and Executive Vice President Alan Gottlieb said in a release regarding the lawsuit. “In the fall of 2010, Gamaza, Nobriga, and Teixeira formed a business partnership with the intention of opening a gun store in Alameda County. When they began the process of getting permits to open their shop, they were advised of a requirement that gun stores not be located within 500 feet of any school, liquor store or residence."

"After carefully measuring distances between the shop’s front door and the front door of the nearest property,” he continued, “they found that they were well beyond the 500-foot limit. But then the county changed the measurement requirements.”

According to the partners' attorney Donald Kilmer, who recently won the case of overturning the county's longtime ban on gun shows at the Alameda County Fair, this is a serious due process issue for the County.

“Their store was moving forward, things were going great, and then they were blindsided by the county long after putting money, labor and time into opening their store," Kilmer said.

Alameda County Counsel Donna Ziegler told The Daily Review the county followed its "standard procedures and policies for dealing with this permit." Though the county has yet to be served, she said "we're prepared to defend the litigation."

The lawsuit also points out the county allowed an objection to the permit to be filed after the deadline had passed, according to The Daily Review.

The Second Amendment Foundation, The Calguns Foundation and California Association of Federal Firearms Licensees join the three partners as plaintiffs in the case. They are represented by attorneys Jason Davis and Kilmer.

"[These organizations] have proven that our rights have been violated, so I'm going all the way to get this decision overturned," Nobriga said.

Like Castro Valley Patch on Facebook | Follow Castro Valley Patch on Twitter | Get Free Castro Valley Patch Newsletters