Judge Says Firearms Speech Ban Is Likely Unconstitutional

posted on July 18, 2015

District Court Judge Troy L. Nunley has denied an injunction on a California law prohibiting firearms-related speech from gun dealers, allowing the ban to remain in effect until the trial progresses further. At issue is Section 26820 of the California Penal Code, which keeps dealers from displaying any “handgun or imitation handgun, or [a] placard advertising the sale or other transfer thereof.” This restriction makes it very hard to attract business.

While Judge Nunley allowed the ban to stand for now, he acknowledged that it is probably unconstitutional. He predicted it was “more likely than not” that the plaintiffs would succeed on the grounds that their First Amendment rights are being violated.

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