On June 11, the United States Ninth Circuit Court of Appeals voted 3-0 to overturn a temporary ban imposed by a federal judge in October 2023, ruling that two California laws (banning gun shows at fairs) did not infringe on the rights of sellers and buyers. The California Rifle Pistol Association expressed disappointment with the ruling and stated they would continue to appeal.
The two laws were introduced by Democratic State Senator Dave Min from the 37th District (Orange County) and became state laws in 2022. The first law, effective since January 2022, prohibited gun shows at fairs in Orange County.
The second law, SB915, titled Firearms: state property, prohibited California officials, state property operators, or lessees from entering into contracts or authorizing the sale of firearms, firearm components, and ammunition on California property, except for government gun buyback programs or contracts signed before January 1, 2023.
In October 2023, U.S. District Judge Mark Holcomb in Santa Ana ruled that “while California’s interest in preventing the use of illegal firearms in crimes is important, it cannot be a basis for prohibiting the sale of legal firearms at gun shows,” citing that the laws infringed on the rights of sellers and potential buyers, which also involves commercial speech protected by the First Amendment.
Holcomb noted that the Orange County Fair had been hosting gun shows for 30 years, and the laws enacted in 2022 in California had no historical basis. Supreme Court Justice Clarence Thomas ruled last year that any government restrictions on gun ownership or sales are unconstitutional unless they “align with the long tradition of gun regulation in this country since its founding.”
Following the announcement of the temporary ban, the California Rifle Pistol Association stated that “politicians opposed to people owning firearms are attempting to eliminate ‘gun culture’ for future generations by prohibiting people from learning about firearms and firearm safety and regulations at gun shows,” arguing that such discrimination is prohibited by the First Amendment, and the right to purchase firearms is protected by the Second Amendment.
Senator Dave Min later stated, “The ruling is a blatant abuse of judicial power that will diminish the safety of our communities.”
The office of State Attorney General Rob Bonta requested Holcomb to lift the ban, but Holcomb refused, citing that state officials had not demonstrated the likelihood of success in their appeal to the Ninth Circuit Court and did not show the potential risks to the public posed by the gun shows, which had been planned for months.
The three judges of the Ninth Circuit Court determined that the two California laws were aimed at prohibiting sales agreements on public property and not discussing freedom of speech regarding firearms. Judge Richard Clifton wrote in the ruling that these bans (state laws) “will not directly or inevitably restrict any expressive activity.”
Gun shows attracted tens of thousands of potential buyers to local fairs, noted Clifton, but the actual purchase of firearms could only be completed at licensed firearm shops after a 10-day waiting period and background check.
Last Tuesday, Attorney General Bonta released a statement congratulating the legal victory, stating, “Firearms should not be sold on property owned by the state government, it’s as simple as that.”
The statement mentioned that in August 2023, Justice Department agents discovered a convicted felon with a history of serious crimes purchasing firearm parts at a gun show held at the Ontario Convention Center’s Western Crossroads, which could be used to assemble AR-15 style rifles.
In a statement last week, Senator Dave Min said, “I hope that in my lifetime, we can return to a society where human lives are valued more than firearms, where gun violence was rare, unlike the commonplace occurrences we see today.”
Chuck Michel, chairman of the California Rifle Pistol Association and the state branch of the National Rifle Association, stated that they would appeal the decision, vowing to continue protecting the “scorned gun culture” and counteracting the “overreaching government discriminating against certain groups and attempting to restrict fundamental rights not to their liking.”