2aguy
Diamond Member
- Jul 19, 2014
- 112,559
- 52,807
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Yes...anti gun democrats hate the 1st Amendment as much as they hate the 2nd Amendment......here, they were told that a Right is a Right and even left wing democrats can't strip people of their first Amendment Right simply because they don't like what the victims want to do with that Right....
BREAKING: Federal Court Strikes Down California Law That Bans Handgun Signs, Advertising by Gun Dealers - The Truth About Guns
Now, according to a press release from the Calguns Foundation, a federal judge has ruled that California’s law is a violation of the gun dealers’ First Amendment rights. Here’s that press release:
SACRAMENTO, CA (September 11, 2018) – Today, federal Judge Troy Nunley ruled that a California law banning licensed gun dealers from displaying handgun-related signs or advertising is unconstitutional and violates their First Amendment rights. The lawsuit, Tracy Rifle and Pistol v. Becerra, is supported by Second Amendment civil rights groups The Calguns Foundation (CGF) and Second Amendment Foundation (SAF) as well as industry association California Association of Federal Firearms Licensees (CAL-FFL).
California Penal Code section 26820, first enacted in 1923, banned gun stores from putting up signs advertising the sale of handguns — but not shotguns or rifles.
“But,” the court held today, quoting from the late Supreme Court Justice Antonin Scalia’s landmark Second Amendment 2008 opinion in D.C. v. Heller, “the enshrinement of constitutional rights necessarily takes certain policy choices off the table.”
While the law completely banned handgun-related signs, the “Plaintiffs could display a large neon sign reading ‘GUNS GUNS GUNS’ or a 15-foot depiction of a modern sporting rifle, and this would be permissible,” Judge Nunley explained in his order, highlighting how unreasonable and under-inclusive the law was. And even after four years of litigation, “the Government has not demonstrated that § 26820 would have any effect on handgun suicide or violence.”
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“Under the First Amendment, the government may not restrict speech on the theory that it will supposedly lead a few listeners to do bad things, or even to commit crimes,” explained Eugene Volokh, a UCLA law professor who has written and taught extensively about the First and Second Amendments.
BREAKING: Federal Court Strikes Down California Law That Bans Handgun Signs, Advertising by Gun Dealers - The Truth About Guns
Now, according to a press release from the Calguns Foundation, a federal judge has ruled that California’s law is a violation of the gun dealers’ First Amendment rights. Here’s that press release:
SACRAMENTO, CA (September 11, 2018) – Today, federal Judge Troy Nunley ruled that a California law banning licensed gun dealers from displaying handgun-related signs or advertising is unconstitutional and violates their First Amendment rights. The lawsuit, Tracy Rifle and Pistol v. Becerra, is supported by Second Amendment civil rights groups The Calguns Foundation (CGF) and Second Amendment Foundation (SAF) as well as industry association California Association of Federal Firearms Licensees (CAL-FFL).
California Penal Code section 26820, first enacted in 1923, banned gun stores from putting up signs advertising the sale of handguns — but not shotguns or rifles.
“But,” the court held today, quoting from the late Supreme Court Justice Antonin Scalia’s landmark Second Amendment 2008 opinion in D.C. v. Heller, “the enshrinement of constitutional rights necessarily takes certain policy choices off the table.”
While the law completely banned handgun-related signs, the “Plaintiffs could display a large neon sign reading ‘GUNS GUNS GUNS’ or a 15-foot depiction of a modern sporting rifle, and this would be permissible,” Judge Nunley explained in his order, highlighting how unreasonable and under-inclusive the law was. And even after four years of litigation, “the Government has not demonstrated that § 26820 would have any effect on handgun suicide or violence.”
------
“Under the First Amendment, the government may not restrict speech on the theory that it will supposedly lead a few listeners to do bad things, or even to commit crimes,” explained Eugene Volokh, a UCLA law professor who has written and taught extensively about the First and Second Amendments.
