A group that organizes gun shows at county fairgrounds in California has asked the Supreme Court to hear a challenge against laws restricting the buying and selling of guns on state property.
One of the laws prohibits anyone to “contract for, author or ally the sale of any firearm or ammunition on the property or in the buildings that comprise the Del Mar Fairgrounds.” Another regulation does the same at the Orange County Fair and Event Center.
The state later expanded its legislation to cover all state-owned land.
The 9th U.S. Circuit Court of Appeals ruled against the challengers, reasoning the law did not meaningfully burden their constitutional rights.
The pro-gun challengers, including the Second Amendment Foundation, argue that the laws intend to ban gun shows and infringe on the speech that takes place at the events.
They said that a local government in California tried to ban the selling of firearms at gun shows on state fairgrounds but that the 9th Circuit said that it infringed on commercial speech.
That was in 1997, according to their filing.
“Fast-forward to today, the state of California, out of legislative animus, has resuscitated censorship of gun shows. While an ‘offer for sale’ is still protected commercial speech under 9th Circuit precedent, that same court has now found that an ‘acceptance’ is not protected speech,” their petition said.
Adam Kraut, executive director of the Second Amendment Foundation, announced the petition on Wednesday.
“California’s laws and policies are being used to prevent gun owners, who are honest and peaceable citizens, from congregating and conducting lawful commerce on public property,” he said. “If the state is allowed to continue, neither the First nor Second Amendments are safe from California’s legal choke hold. We are hopeful the Court will grant certiorari.”
The case is B&L Productions v. Gavin Newsom.
It would take four justices to vote in favor of hearing the dispute for oral arguments to be granted.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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