BREAKING! Court Issues Bizarre Ruling In Gun Show Case
Today, the Ninth Circuit Court of Appeals vacated the injunction previously ordered by a lower court that enjoined the state’s ban on gun shows on state property such as fairgrounds. (Read the full decision here). CRPA issued a statement earlier today expressing their exasperation with the decision:
“The Ninth Circuit panel decision in B & L Productions v. Newsom is extremely disappointing considering our win in the lower court that enjoined the state from banning gun shows on state property. The three-judge panel clearly did not understand the connection between First Amendment and Second Amendment rights. CRPA will continue to protect the despised gun culture and fight back against an overreaching government that seeks to limit disfavored fundamental rights and discriminate against certain groups of people on state property. CRPA looks forward to seeing this misguided decision reversed in short order.“
Once again, a court has decided that the best way to get around the Bruen test is to avoid it altogether. The plaintiffs’ challenge claims that the ban violates both the First and Second Amendments by singling out firearm sales, an otherwise legally protected activity, as prohibited on state property. Rather than answer those challenges, the court makes the rather incredulous argument that neither right actually even applies.
In the court’s opinion, they contend that the First Amendment only covers “expressive activity” and goes on to claim that while the offering of a firearm for sale might qualify as such an expression, accepting that offer (i.e. agreeing to buy the firearm) somehow does NOT qualify. As such, the court opines, the First Amendment does not even apply and, therefore, the court doesn’t even recognize the claim.
Grappling with the violation of the Second Amendment, the court’s opinion uses Bruen to…wait for it…try to get around Bruen. Quoting the Bruen decision, the opinion contends that the plaintiffs must first establish that “the Second Amendment’s plain text covers an individual’s conduct.” The court goes on to claim that while the Second Amendment does convey the right to keep and bear arms, it “says nothing about commerce, let alone firearm sales on state property.”
In short, the court claims that while the Founding Fathers intended to protect every citizen’s right to have a firearm, it’s ok for the state to discriminate against gun owners for the lawful activity of actually buying one.
As expressed in the statement above, CRPA will continue to pursue all avenues to restore and protect gun shows in California. We appreciate all the support for this cause!