Monday, November 10, 2014

Calif. gun dealers sue AG Harris on First Amendment issue

California Attorney General Kamala Harris is on the receiving end of a First Amendment lawsuit, filed by four gun shop operators.
California Attorney General Kamala Harris is on the receiving end of a First Amendment lawsuit, filed by four gun shop operators.
Photo by Jason Merritt
Four California gun dealers today filed a federal lawsuit against State Attorney General Kamala Harris, alleging that enforcement of a law that prohibits them from displaying images of handguns or even the word “handguns” where they would be visible to passersby is an unconstitutional violation of their First Amendment rights.
The Second Amendment Foundation is offering financial support for this action, although it is not a plaintiff in the case. It joins the Calguns Foundation and California Association of Federal Firearms Licensees in backing the case.
It’s an interesting complaint, too. The lawsuit alleges that the California Penal Code violates the First Amendment rights of the plaintiffs by prohibiting them from. However, anti-gun protesters are still allowed to appear with signs that use the words or images, constituting what the lawsuit calls “viewpoint discriminatory.”
“By prohibiting firearms dealers from displaying on-site handgun advertisements, Section 26820 violates the right of firearms dealers to disseminate truthful, non-misleading commercial information about a lawful, constitutionally protected product,” the lawsuit alleges.

http://www.examiner.com/article/calif-gun-dealers-sue-ag-harris-on-first-amendment-issue

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