June 11, 2024, 6:52 PMFILE - State Sen. Dave Min, D-Irvine, listens as lawmakers discuss a bill before the Senate at the Capitol in Sacramento, Calif., July 10, 2023. A federal appeals court on Tuesday, June 11, 2024, upheld California's ban on gun shows at county fairs and other public properties, deciding the laws do not violate the rights of firearm sellers or buyers. The two measures were both written by Min.
In his decision last fall, U.S. District Judge Mark Holcomb wrote that the state was violating the rights of sellers and would-be buyers by prohibiting transactions for firearms that can be bought at any gun shop. He said lawful gun sales involve commercial speech protected by the First Amendment. Gun shows attract thousands of prospective buyers to local fairgrounds. Under a separate state law, not challenged in the case, actual purchase of a firearm at a gun show is completed at a licensed gun store after a 10-day waiting period and a background check, Clifton noted.
The suit was filed by a gun show company, B&L Productions, which also argued that the ban on fairgrounds sales violated the constitutional right to keep and bear arms. The appeals court disagreed, noting that there were six licensed firearms dealers in the same ZIP code as the Orange County Fairgrounds, the subject of Min’s 2022 law.
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