A victory for the first and second amendments

Free BeaconA federal judge ruled Tuesday that California’s ban on handgun advertising is unconstitutional.

Judge Troy Nunley of the U.S. District Court for the Eastern District of California, an Obama appointee, ruled California could no longer enforce Section 26820 of the California Penal Code, which dates back to 1923. That law banned gun stores from displaying signs promoting the sale of handguns. California argued the ban was necessary to prevent suicides and murders but Judge Nunley said it violates constitutional protections on free speech.

Of course, any such advertising ban won't prevent anything.

The 9th Circus will probably overrule this. I'm not sure what the Supreme Court would do on appeal from such a decision though. I worry the precedent set by bans on advertising cigarettes might cause problems. However, that ban might have come from settlements rather than laws, which would make it a distinguishable situation.

This entry was published Thu Sep 13 15:56:48 CDT 2018 by TriggerFinger and last updated 2018-09-13 11:07:09.0. [Tweet]

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