Federal Judge Blocks Newest California Gun Ban Law

(TheConservativeTimes.org) – A federal court ruled that California’s prohibition on gun exhibitions at county fairs was unconstitutional because it prevented the sale and purchase of guns that could be purchased legally at any gun store.

Reports show U.S. District Judge Mark Holcomb’s ruling puts an indefinite hold on two state bills authored by Democrat state Sen. Dave Min. The first, beginning in January 2022, prohibited gun exhibits inside the Orange County Fair, and the second, commencing this year, prohibited them on any state-owned property at county fairs.

Gun-control advocates say that the programs are dangerous because they normalize the use of guns in popular culture and make them more appealing to minors.

Holcomb argued that despite the state of California’s substantial interest in preventing crimes committed with illicit guns, this interest does not warrant a blanket ban on the sale of legitimate firearms at gun shows. Fairgrounds throughout the country host gun fairs that draw tens of thousands of potential purchasers.

The actual purchase of the weapon is performed at a licensed gun shop following a background check and a 10-day wait, citing another state legislation that is unaffected by the verdict.

San Diego County Gun shows at Del Mar Fairgrounds have been illegal since 2020 due to another state regulation that Monday’s verdict will not change. After several legislative initiatives to outlaw gun shows were rejected by Governors Arnold Schwarzenegger (R) and Jerry Brown (D), the Cow Palace in Daly City stopped holding them in 2020.

Reports show The California Rifle & Pistol Association, a subset of the National Rifle Association (NRA), challenged the statewide prohibition on gun shows at county fairs. Holcomb said there was no historical foundation for the state’s prohibition in 2022, given that the Orange County Fair had been hosting gun exhibitions for three decades before.

To challenge Holcomb’s decision, Attorney General Rob Bonta, who argued in favor of the statutes, may file an appeal with the 9th U.S. Circuit Court of Appeals.

According to a report, Bonta’s office requested a stay from Holcomb that would allow the legislation to remain in place for ten days. The court ruled against the state, finding that there was insufficient evidence of an imminent threat to society from gun exhibitions that would take months to organize or that an appeal would be successful.

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