A federal appeals court has upheld California’s ban on gun shows at county fairs and other public properties, ruling that the laws do not infringe upon the rights of firearm sellers or buyers.
The 9th Circuit Court of Appeals issued a unanimous 3-0 decision, overturning a previous ruling by a federal judge that had blocked the laws. These measures, authored by Democratic state Sen. Dave Min, prohibit gun shows at the Orange County Fair and extend the ban to county fairgrounds on state-owned land.
The decision overturns the argument made by U.S. District Judge Mark Holcomb in October, who contended that the state’s ban violated the rights of sellers and buyers by prohibiting transactions for firearms that are readily available at gun shops. Holcomb argued that lawful gun sales involve commercial speech protected by the First Amendment.
However, the appeals court ruled that the laws only prohibit sales agreements on public property and do not impede discussions, advertisements, or other speech about firearms. Judge Richard Clifton emphasized in the ruling that the bans “do not directly or inevitably restrict any expressive activity.”
The court’s decision affirms California’s authority to regulate gun shows on public property, reinforcing the state’s commitment to gun safety measures and public safety.