Appeals Court Upholds Gun Sales Ban at State Properties, Del Mar Fairgrounds

The 9th U.S. Circuit Court of Appeals Tuesday upheld California laws barring gun and ammo sales on state property such as the Del Mar Fairgrounds.

Tuesday’s decision stems from litigation filed by numerous pro-gun plaintiffs, including B&L Productions Inc., which operated gun shows at the Del Mar Fairgrounds and other locations.

One such lawsuit over gun sales prohibitions at the Del Mar Fairgrounds was dismissed by a judge.

On appeal, the plaintiffs argued those laws — AB 893, SB 264 and SB 915 — are unconstitutional on First and Second Amendment grounds.

Justice Richard Clifton, who wrote Tuesday’s opinion on behalf of the 9th Circuit, argued the challenged laws “do not directly or inevitably restrict any expressive activity,” and thus “do not implicate the First Amendment.”

Regarding the Second Amendment claims, Clifton wrote, “The plain text of the Second Amendment directly protects one thing — the right to ‘keep and bear’ firearms … On its face, that language says nothing about commerce, let alone firearm sales on state property.”

Tuesday’s opinion not only affirmed the dismissal of the lawsuit concerning the Del Mar Fairgrounds, but also vacated a preliminary injunction granted by an Orange County judge when B&L and others challenged similar gun sales restrictions at the Orange County Fairgrounds.

In a statement, Gov. Gavin Newsom called the ruling “a victory for gun safety, and a victory for all Californians.”

Newsom added, “Today’s common sense decision by the court validates our core message: The people, not courts, should be the ones deciding how to keep our communities safe from gun violence.”

California Attorney General Rob Bonta also praised the decision.

“Guns should not be sold on property owned by the state, it is that simple,” Bonta said. “Sales of illegal firearms and ammunition, and sales of firearms and ammunition to prohibited persons, have happened on state property and these laws will further help to prevent that going forward. This is another victory in the battle against gun violence in our state and country.”

One of the plaintiffs from the original litigation, the California Rifle & Pistol Association, called the decision “extremely disappointing.”

In a statement, the organization wrote, “CRPA will continue to protect the despised gun culture and fight back against an overreaching government that seeks to limit disfavored fundamental rights and discriminate against certain groups of people on state property. CRPA looks forward to seeing this misguided decision reversed in short order.”

City News Service contributed to this article.