The Second Amendment Foundation (SAF) and several partners have filed a petition with the U.S. Supreme Court seeking review of California’s restrictive gun control policies surrounding gun shows.
The case, B&L Productions, Inc. v. Newsom, challenges state laws that plaintiffs argue infringe upon First and Second Amendment rights.
Joining SAF in the petition are the California Rifle & Pistol Association, South Bay Rod & Gun Club, Asian Pacific American Gun Owners Association, Second Amendment Law Center, L.A.X. Firing Range, B&L Productions (the lead plaintiff), and several private citizens. Legal representation is being provided by Donald Kilmer of Kilmer Law Offices in Idaho and the team of C.D. Michel, Anna M. Barvir, and Tiffany D. Cheuvront at Michel & Associates in Long Beach, California.
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The case raises significant constitutional questions about whether state laws can impair the right to lawful commerce and assembly, as protected by the First Amendment, and the right to bear arms under the Second Amendment.
“We are at a point where California has essentially ignored the Supreme Court’s ruling in 2022 that eliminated the use of ‘judicial balancing tests’ when deciding Second Amendment claims,” noted SAF founder and Executive Vice President Alan M. Gottlieb, “while trampling on the First Amendment protections of speech which is necessary for the commerce of lawful products.”
The plaintiffs are urging the Supreme Court to grant certiorari (review of the case) to address what they describe as ongoing constitutional violations by California.
They argue that the state’s restrictive policies not only conflict with the high court’s 2022 precedent but also set a dangerous legal standard for interpreting fundamental rights.
“California’s laws and policies are being used to prevent gun owners, who are honest and peaceable citizens, from congregating and conducting lawful commerce on public property,” noted SAF Executive Director Adam Kraut. “If the state is allowed to continue, neither the First nor Second Amendments are safe from California’s legal choke hold. We are hopeful the Court will grant certiorari.”
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