Lawfare: Legal Fight Over California’s Gun Show Ban Escalates

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BELLEVUE, WA – -(AmmoLand.com)-The Second Amendment Foundation has filed a memorandum of points and authorities in support of their motion for a preliminary injunction in a case challenging California’s new statute banning gun shows.

Joining SAF in this action are the California Rifle & Pistol Association, Inc., Asian Pacific American Gun Owners Association, the Second Amendment Law Center, Inc., B&L Productions, Inc., d/b/a Crossroads of the West, and four private citizens, Gerald Clark, Eric Johnson, Chad Littrell, and Jan Steven Merson. They are represented by attorneys Anna M. Barvir, Michel & Associates, P.C., and Donald Kilmer, Law Offices of Donald Kilmer. The case is known as B & L Productions, Inc., et al v. Gavin Newsom et al.

The original complaint was filed in the U.S. District Court for the Central District of California. A hearing is scheduled for Jan. 6, 2023.

The 33-page memorandum asserts that the purpose of the new legislation was banning gun shows statewide. The memorandum states;

“There is no evidence that California’s gun shows—already more heavily regulated than other avenues for firearm sales—pose some unique threat to public safety. And California has identified no other compelling interest that might justify its ban. Instead, the legislative history reveals the legislators’ bare desire to make a ‘value statement’ about guns and gun shows and to get California out of the business of profiting from such events. In short, California’s animus for Plaintiffs, their commerce in lawful products, and the cultural aspects of these events is the not-so-hidden motivation behind the State’s action.”

“Gun shows are gathering places for like-minded citizens with common interests rooted in their exercise of the Second Amendment,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The state is essentially trying to prohibit freedom of speech and association in public forums by banning gun shows, simply because backers of this legislation have a visceral dislike of guns and the people who own them.

“It is alarming that the government of any state, including California, would attempt to legislate against the First Amendment rights of people who want to exercise their Second Amendment rights,” he added. “We will pursue this case for as long as it takes to see that justice is served.”


Second Amendment Foundation

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing, and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Second Amendment Foundation

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MICHAEL J

The government is notorious for siding with anything lobbying special interest groups oppose. First demonize by exaggerating facts, shut down honest dialog and then enacting illegal mandates.
It’s only after being legally challenged are these tyrants ever held somewhat accountable. Gun shows have been proven the most responsible venues and the most scrutinized.

Tionico

Most scrutinised? Absolutely. NOWHERE else has so many visible/identifiable government “watchdogs” and snoops than do gun shows. I’ve even heard reports of folks wandering about out in the car park taking photographs of the number plates on the cars out there. Part of why I will often park elsewhere then walk some distance, or ride my bicycle to the gun show. And yes I CAN (and have done) haul a long gun home on that thing. Well wrapped, of course. I’ve never had any cars trying to follow me home, at least not yet.

USMC0351Grunt

TEAR THEM A NEW ASS! The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice. Punitive damages: Punishing and deterring oppression, fraud …https://www.advocatemagazine.com › 2015-february › pu… Punitive damages – California Legislative Information – CA.govhttps://leginfo.legislature.ca.gov › codes_displaySection Punitive Damages – California Civil Code 3294https://www.citywidelaw.com › resources › punitive-da… Under California Civil Code 3294, a plaintiff may be awarded punitive damages if there is clear and convincing… Read more »

PMinFl

That may be the answer, sue the legislators right out of office,

Tionico

charge them with felony perjury for failing/refusing to keep the oaths they swore when they were seated in their positions.

PMinFl

Again and again these “educated” legislators believe the gun show myth. The fact is you can’t get a gun, sold by a vendor, out of a gun show without a background check……..PERIOD

Wass

Moreover, a gun show (at least, all the ones I’ve attended) is the safest place in the world.

Bigfootbob

Mr. Gottlieb, thank you for all you do. There’s an agenda item working its way through the Kitsap County Board of Commissioners to becoming law is a similar proposal to ban gun shows in Kitsap County. That’s in your backyard, sir. The Board lost its only Republican member when he decided to retire and the citizens added another uber liberal to the board rather than the corrupt 4 Square minister the R’s ran. Right now the commies are trying to ban the shows from county property, Kitsap Fair & Pavilion, but that will not suffice and if this passes unabated… Read more »

Tionico

I remember when Kitsap County was rough and tumble wild west pioneer hardscrabble look out for each other country. Used to hang with some cousins and we’d ride our bikes everywhere, toting a rifle to share, nowhere near old enough to drive, and no one even looked twice. Launching Unsafe and Insane fireworks off the pier at Anapolis, roaming the woods in our own, and no one cared. Yes, we avoided the seedy parts of Bremerton where the shore-leave sailors would carouse, but we were not interested in that stuff anyway. Silverdale was a wide spot in the road, Poulsbo… Read more »

Ledesma

The final Burbank Ca. gun show concluded about 20 years ago. With no more shows to be considered. The official explanation was quite short and very descriptive: “Burbank California is an extremely sensitive area. We have children here”.

Last edited 8 days ago by Ledesma