California Can Ban Gun Sales At Fairgrounds And On State Property, Federal Judges Rule

You can talk about guns at California state fairgrounds. You can advertise guns there, too. You can even, in the words of a gun rights group, host “a celebration of America’s gun culture.”

What you cannot do, according to a ruling today by a three-judge panel on the 9th U.S. Circuit Court of Appeals, is buy or sell a firearm on property owned by the state.

California gun laws “prohibit accepting an offer to sell firearms or ammunition on state property,” the panel ruled.

The ruling upholds California’s ban on gun sales on state property, dismissing a challenge from gun show operator Crossroads of the West. Crossroads of the West first sued in 2018 when one of California’s agricultural district associations barred gun shows at Del Mar Fairgrounds in San Diego County. In 2021, a new state law also barred gun sales at the state fairgrounds in Orange County.

Crossroads of the West sued over that law, and the cases were consolidated. As they wound their way through the courts, California passed a 2022 law barring all gun sales on state property.

In the meantime, the U.S. Supreme Court ruled on a major gun case, New York State Rifle & Pistol Association v. Bruen, which tossed out New York state regulations on who can carry a gun in public and threw California’s restrictive gun laws into chaos. Gov. Gavin Newsom has since proposed a new constitutional amendment restricting gun ownership.

The new ruling ends an injunction from a lower court that blocked the restriction on gun sales at fairgrounds.

“The restoration of my ban on gun shows on state properties — including most of the county fairgrounds sites that are owned by the state — will make us all safer,” said state Sen. Dave Min, an Irvine Democrat who advocates for the limits on gun sales.

The California Rifle and Pistol Association, a Second Amendment advocacy group, called the ruling “extremely disappointing” and signaled that they would appeal.

“The three-judge panel clearly did not understand the connection between First Amendment and Second Amendment rights,” the organization wrote in a statement. “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.”

Crossroads of the West argued in court that restrictions on gun sales at state fairgrounds violated its First and Second Amendment rights and that forbidding those sales would effectively kill gun shows at state fairgrounds. The appeals court panel ruled that that’s not a First Amendment issue.

Crossroads “may choose not to provide a forum for pro-gun speech if it decides gun shows are not profitable without firearm sales, but doing so would be its own decision, not the ‘inevitable effect’” of the laws.