Court of Appeals Affirms California Gun Show Ban at County Fairs

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 violate the rights of firearm sellers or buyers.

The 3-0 decision by the 9th U.S. Circuit Court of Appeals reverses a federal judge’s ruling that blocked the laws in October.

Both measures were authored by Democratic state Sen. Dave Min. The first, implemented in January 2022, prohibited gun shows at the Orange County Fair, while the second, enacted last year, extended the ban to county fairgrounds on state-owned land.

In a previous ruling, U.S. District Judge Mark Holcomb argued that the state was infringing on the rights of sellers and potential buyers by banning transactions for firearms readily available at gun shops. He claimed that legal gun sales involve protected commercial speech under the First Amendment.

However, the appeals court determined that the laws only restrict sales agreements on public property and do not impede discussions, advertising, or other forms of speech about firearms. Judge Richard Clifton stated in Tuesday’s decision that the bans do not directly limit any expressive activity.

California Attorney General Rob Bonta, who defended the laws, praised the court’s ruling as a step towards curbing gun violence in the state and country.

Gun shows draw large crowds to local fairgrounds, and under a separate state law not challenged in this case, firearm purchases at these events require a 10-day waiting period and a background check to be completed at a licensed gun store, Clifton pointed out.

Gun-control advocates argue that gun shows pose risks by making weapons appealing to children and facilitating illegal purchases for those ineligible to own firearms.

The lawsuit was initiated by gun show company B&L Productions, which contended that the fairgrounds sales ban infringed on the constitutional right to bear arms. The appeals court disagreed, highlighting that there were multiple licensed firearms dealers near the Orange County Fairgrounds affected by Min’s 2022 law.

Min expressed optimism that the reinstated laws would enhance public safety in California.

The ruling is expected to be appealed, according to Chuck Michel, president of the California Rifle & Pistol Association, the state branch of the National Rifle Association.

“CRPA will continue to defend the gun culture and challenge government overreach that seeks to restrict fundamental rights and discriminate against specific groups on state property,” said Michel in a statement to the San Francisco Chronicle.