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Can California ban gun stores from advertising handguns on their signs?
The Volokh Conspiracy ^ | November 11, 2014 | Eugene Volokh

Posted on 11/11/2014 4:56:33 PM PST by right-wing agnostic

No, argues Tracy Rifle & Pistol LLC v. Harris (E.D. Cal. filed Nov. 10, 2014), a just-filed case in which I’m been hired to consult. Cal. Civil Code § 26820 (which was first enacted 1923, but is still being enforced today) provides,

No handgun or imitation handgun, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.

That, we argue, violates the First Amendment. The government generally may not ban advertising of lawful products — indeed, of constitutionally protected products — on the grounds that such advertising is offensive, or stimulates consumer interest in such products. We’ll be filing a more detailed legal argument in due course (what I link to is just the Complaint); when that happens, I’ll post it as well.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Society
KEYWORDS: advertising; banglist; california; handguns

1 posted on 11/11/2014 4:56:33 PM PST by right-wing agnostic
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To: right-wing agnostic

Cal. Civil Code? 1923?

wow has California been the leader in authoritarian tyranny for THAT Long??


2 posted on 11/11/2014 4:58:26 PM PST by MeshugeMikey ("Never, Never, Never, Give Up," Winston Churchill)
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To: right-wing agnostic

No. Civil Disobedience. Supreme Court.


3 posted on 11/11/2014 5:12:00 PM PST by Eddie01 (Liberals lie about everything all the time.)
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To: right-wing agnostic

If they do then they should also ban any depiction of a firearm in all movie/TV promotional material.


4 posted on 11/11/2014 5:27:54 PM PST by TigersEye (ISIS is the tip of the spear. The spear is Islam.)
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To: right-wing agnostic
The government generally may not ban advertising of lawful products

booze and tobacco products come to mind...

5 posted on 11/11/2014 5:35:11 PM PST by terycarl (common sense prevails over all)
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To: terycarl

Marijuana Leaves.

Victoria’s Secret.


6 posted on 11/11/2014 5:45:13 PM PST by Scrambler Bob (/s /s /s /s /s, my replies are "liberally" sprinkled with them behind every word and letter.!)
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To: right-wing agnostic

Easy fix. Portray an illegal invader holding a handgun and there will be no problems.

California is totally lost. Man the lifeboats!


7 posted on 11/11/2014 6:00:02 PM PST by 43north (BHO: 50% black, 50% white, 100% RED.)
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To: right-wing agnostic

In 1969 -1976 I regularly walked past this pawn shop every day that had PISTOLS FOR SALE for 25 bucks IN THE FRONT WINDOWS>

It was never enforced because people were always buying pistols to take with them for protection when going up into Gold Country or celebrating New Year`s Day by shooting up in the air. [They always did that.]

http://www.edenjewelryandloan.com/about/


8 posted on 11/11/2014 6:31:14 PM PST by bunkerhill7 ("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione.")
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To: MeshugeMikey

California Concealed Carry law has Racist Origins:

http://gunwatch.blogspot.com/2014/11/california-concealed-carry-law-has.html


9 posted on 11/11/2014 11:03:06 PM PST by marktwain (The old media must die for the Republic to live. Long live the new media!)
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