Swordsmyth
09-13-2018, 04:09 PM
Citing First Amendment protections, a federal judge on Tuesday overturned a state law banning gun shops from using images of handguns on their storefronts.
In a 15-page ruling, (https://s14544.pcdn.co/wp-content/uploads/2018/09/2018-09-11_Tracy_Rifle_MSJ_Order.pdf)Sacramento-based Judge Troy Nunley sided with the gun stores that brought the legal challenge. He found that the state could not cite that the imagery had any effect on handgun suicide or violence over the law (https://codes.findlaw.com/ca/penal-code/pen-sect-26820.html)‘s 95-year history. Instead, he said it trampled on Free Speech.
“The Government believes if it can inhibit such persons from making the initial decision to purchase a handgun, it will save them from harming themselves or others with the handgun at some later date, likely years from the initial purchase,” Nunley, a 2013 appointment by President Obama and former California Deputy Attorney General, said in his order.
“However, the Government may not restrict speech that persuades adults, who are neither criminals nor suffer from mental illness, from purchasing a legal and constitutionally protected product, merely because it distrusts their personality trait and the decisions that personality trait may lead them to make later down the road,” the judge continued.
More at: https://www.guns.com/2018/09/12/california-gun-dealers-win-suit-over-window-advertising-argument/
In a 15-page ruling, (https://s14544.pcdn.co/wp-content/uploads/2018/09/2018-09-11_Tracy_Rifle_MSJ_Order.pdf)Sacramento-based Judge Troy Nunley sided with the gun stores that brought the legal challenge. He found that the state could not cite that the imagery had any effect on handgun suicide or violence over the law (https://codes.findlaw.com/ca/penal-code/pen-sect-26820.html)‘s 95-year history. Instead, he said it trampled on Free Speech.
“The Government believes if it can inhibit such persons from making the initial decision to purchase a handgun, it will save them from harming themselves or others with the handgun at some later date, likely years from the initial purchase,” Nunley, a 2013 appointment by President Obama and former California Deputy Attorney General, said in his order.
“However, the Government may not restrict speech that persuades adults, who are neither criminals nor suffer from mental illness, from purchasing a legal and constitutionally protected product, merely because it distrusts their personality trait and the decisions that personality trait may lead them to make later down the road,” the judge continued.
More at: https://www.guns.com/2018/09/12/california-gun-dealers-win-suit-over-window-advertising-argument/