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« Stories like this make me shake my head | Main | Mass killing at Jerusalem synagogue, Israel vows to crack down.... »

Motion in California 1st Amendment case

Posted by David Hardy · 18 November 2014 09:24 AM

It's a motion for preliminary injunction, i.e., to enjoin enforcement of the statute until trial or dispositive motions terminate the case. The statute in question forbids firearms dealers to display firearms, or advertising, any place where they are visible from outside the store. It thus forbids truthful and non-misleading commercial expression, and does so inside the person's own premises.

As I recall, that prohibition is in the Uniform Firearms Act of the 1920s and 1930s. The UFA was meant to head off laws like the Sullivan Act and this (and the requirement that firearms sold be "securely wrapped" before leaving the store) were probably meant as concessions to the antigunners. "At least you'll never have to see them."

2 Comments | Leave a comment

eriko | November 18, 2014 12:02 PM | Reply

At one point Washington had an "in a bag" rule or at least some chains stores had one. Walking out with a mossberg 500 in a box stuffed in a bag meant for tennis shoes was pretty funny.

Brandon Combs | November 18, 2014 10:29 PM | Reply

Hopefully, this old anti-gun [culture] law will both be overturned and offer a lesson to modern advocates: there is no concession, or combination of concessions, that will ever be enough to "head off" future gun control proposals short of a total confiscatory ban.

There will never be a reasonable negotiated conclusion to the fight for fundamental, individual Second Amendment rights because the alternative to liberty is inherently unreasonable.

-Brandon

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