Gun Dealers Cite 1st Amendment In New Lawsuit

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Normally when you hear about the politics of gun control, the debate is centered around the 2nd Amendment. That isn’t the case when it comes to a new lawsuit being filed on behalf of four California gun dealers, who say it is their First Amendment rights being violated by state law. The law in question makes it illegal for gun shops to make firearms – or even pictures of firearms – visible from outside the store.

Unlike most of the country’s silly gun laws, this one has been on the books a long time. It was enacted in 1923, and it specifically bans California gun merchants from putting up handgun advertisements in public view. While similar laws can be found in other states such as Pennsylvania and Texas, California seems to be the only one that bothers with strict enforcement. It was under this law that a San Joaquin gun store was cited for window signs that displayed pictures of handguns earlier this year. The store in question – Tracy Rifle and Pistol – is one of the plaintiffs in the suit.

Michael Baryla, the owner of Tracy Rifle, insists that his company has the right to advertise their products in a truthful manner. In an interview with Guns.com, Baryla said, “I run one of the most heavily regulated and inspected businesses in existence, but it’s still illegal for me to show customers that I sell handguns until after they walk in the door. That’s about as silly a law as you could imagine, even here in California.”

While courts have decided that the First Amendment can be legally infringed when it comes to obscenities and slander/libel, attorneys representing the gun shop owners say no such limitations should apply to handguns. They argue that handguns enjoy deep protection under the Second Amendment, having been legally cited as one of the best forms of personal protection.

So clear is the issue, one would think the lawsuit would be a slam dunk. After all, how can even the most liberal idiot walking the streets not see the flagrant constitutional violations inherent in the law? Well, leave it to a Sacramento news station to find someone who disagrees. ABC News 10 spoke to someone named Richard Hoang, who said, “I don’t think they need to advertise in the front of their stores. I think from the standpoint, people will go inside and look for guns they want to buy.”

While Hoang seems to have little to add to the conversation, he does in fact say it all. When it comes to disputes about constitutional freedoms – particularly as they relate to guns – one side brings the founding document itself while the other side brings their day-dreamy, moronic musings. Under Hoang’s “logic,” there might as well be a law against advertising jewelry, toys, cars, and anything else that might accidentally offend someone.

Sadly, that’s all too often the kind of logic liberal judges use to promote their agenda from the bench.

64 Comments
  1. Keith Brockmiller says

    welcome to PRK.

  2. EMIRCITNA says

    I CAN UNDERSTASND the gun shop owner’s reasoning, but in truth all that is needed to bring customers in is a large sign on the building stating ‘GUNS’ , ‘GUNSMITH’, etc. ~ All the gun shops I have gone to never displayed actual guns in the storefront’s window, which would only entice some crook to break the window after the store closes. ~ Banning ‘pictures’ of guns though is ….PURE LIBERAL STUPIDITY!!!!

  3. HardnoseMP says

    This California law is liberal nonsense, definite infringement on our constitutional rights=every product sold in this country advertise their products on signs , billboards , magazines and on TV !!!

    1. crustyone says

      Nancy is a walking ad for Botox. Considering that fact, it’s a wonder it is still on the market.

      1. Reddler says

        I think Botox is a better sale than Nancy.

      2. ipsd48 says

        She’s a walking ad for the ‘benefits’ of Alzheimer’s

    2. CalebJ says

      Including cigarettes, presumably?

      1. Conservative says

        If you ever looked closely at her upper lip it looks like a railroad track from lip to nose.

        1. Rockenroller says

          Who would ever dare to get that close to a raving lunatic.. Dangerous at best..

          1. Bruce O'ryan says

            Other like-minded raving lunatics voted her into office with the other raving lunatics in office. That’s who dares. Kinda scary is it not?

          2. Rockenroller says

            It is scary but like the good book says, In the end the Devil will make a great effort, and will be defeated, so maniacal garbage such Pelosi are fortunately not anything more than a short term annoyance, at best. Question? Are all democrats as stupid as she? Are there any democrats that are embarrassed the very second she opens her mouth? I personally would like to hear from her every day, this would be a surefire way to educate at least some of her followers just how insane she is, if their are any sane minded democrats on the planet?

    3. Turn9 says

      Anyone know if it is illegal for gun shops or manufacturers in Ca to advertise on tv? Here in Va it’s legal. There’s a 1/2H infomercial for Henry rifles that airs often.

      1. gary best says

        Henry runs the same one in Michigan.

  4. crustyone says

    It should be a felony for Pelosi’s mug to appear in public.

    1. Bobby Riffle says

      It should be A CAPITOL OFFENSE!!

    2. Conservative says

      Oh let her go. She is my age and without all that plastic I feel pretty good compared to her so let her continue to show that ugly, plastic mug, see her flying arms and hear her stuttering. For all the millions she has she comes off as a total hick!

      1. WhiteFalcon says

        Every time she opens her stupid mouth more republican votes come tumbling out.

      2. CA Loser says

        That is an insult to hicks

      3. HardingDies says

        Those millions were mainly made by INSIDER TRADING that was legal ONLY for members of the US Congress who were on the Banking Committees and Sub-Committees – while the rest of us would be put in jail for 20 years (per my SEC license examination).

        Then, when the US Postal Service decided to sell 56 Post Offices, her husband’s company got the contract WITHOUT THE REQUIRED THREE-COMPANY BID PROCESS!!!!! Remember the fuss about the oil well fires during the Iraq War and all the screaming about Bush? Well, Nancy got it done with no fuss and NO ATTENTION FROM THE MEDIA ’cause she’s OBAMA’S BUDDY!!!!

        Now, if the new president will only relocate some of the Syrian refugees and illegal immigrants to her home so she could experience what the rest of us will have on our hands, I would rest easier.

    3. johnny51 says

      Yes , it’s very offensive .

    4. william couch says

      the truest words ever posted!!!!!

    5. joe joe says

      amen that’s what happens when you piss God off!

  5. Valor says

    It is further proof that politicians are so un educated they don’t understand the word “Infringed”, or so evil they ignore it. I suspect the latter.

    1. Rockenroller says

      Infringed or Unhinged?

      1. MyRoseHasTHORNS says

        OUR rights infringed and THEIR dementia unhinged

  6. Reddler says

    ABC News 10 spoke to someone named Richard Hoang, who said, “I don’t think they need to advertise in the front of their stores. I think from the standpoint, people will go inside and look for guns they want to buy.”

    Same thing could be said for any type of product advertising. And ads are brought into everyone’s life across America, on TVs, computers, radio, billboards, flyers put on your windshield, tops of taxis, the sides of buses, we even buy products and wear them which do advertising for the manufacturer bc the product has the name and logo of the manufacturer on it. Why not ban advertising altogether? “I don’t think they need to advertise in the front of their stores ‘or anywhere else’. I think from the standpoint, people will go inside and look for ‘whatever’ they want to buy.”

    1. ward says

      You missed the point about the U.S. Constitution & Bill of Rights that the CA illegal laws are doing to destroy U.S. Citizens fundamental Freedom & Liberty with National Security by armed Citizens..!

      1. Reddler says

        Sorry, I didn’t miss what you said on purpose. I agree with you on 2nd Amendment rights.

  7. ward says

    Typical CA libtard ignorance that screws all U.S. Citizens Rights that only condones the abuse of power by their commie dictated whims & deceit about citizens protection from the law violating CA legislature !

  8. fred says

    The ONLY reason the feds want our guns is because we scare them that we will fight back, so NEVER ever give them up, EVER! They are on the run from the latest elections, and NOW is the time to fire them all and bury this issue forever in our great country! If they don’t like it THEY can leave and go where there is gun control, like Canada or Mexico or anywhere in Europe!!

    1. Conservative says

      Since the Dems started the ‘war on guns while they have ‘imported thousands of illegals criminals, and Muslim terrorists are beheading Americans at will and robberies, rapes and other felonies I hear of daily – gun sales are skyrocketing.

      Their motto is ‘divide and conquer’ and they consider that their greatest asset for getting votes.

      1. ipsd48 says

        Lets be concise in this. It isn’t a war on guns…………..it’s a war on LEGAL guns

      2. fred says

        If they try to get legal guns, I think they know it’s truly over for them, it will maybe be a last grasp at our freedoms before the hammer clicks, and well you know….! I agree with opsd48, the criminals will ALWAYS have guns (look at England and Mexico!) They don’t seem upset by any additional paperwork! ha ha! Our Founding Fathers really had that right! The Constitution has saved us from totally being taken over many times, don’t kid yourself about that fact! Tyranny does not sleep and neither shall we!

    2. Retarmy says

      Gun control in Mexico? You’ve got to be kidding me. Haven’t you heard off “Fast and Furious”, the U.S. (Oslama) gave weapons to Mexican citizens to “track them and see if they came back to the states.” Guess what – they did! Right into the hands of gang bangers.

    3. gary best says

      “MOLON LABE”

  9. adrianvance says

    Very interesting case and there is nothing like a new tack.

    Google “Two Minute Conservative” for facts and ideas.

  10. Conservative says

    This is just one more Democratic infringement on our freedoms. A merchant should be allowed to display and sell their goods. I’d like to start investigating all the businesses the Democratic Members, their family members, or their big bucks contributors and start infringing on their freedom.

  11. Florio Vino says

    PEELOWSI~ IS THE CORRECT PRONOUNCIATION! Worked in San Francisco and Chicago for more than 40 years and the political situation in both place politically has been lousy. People that invade the areas seem to takeover and no one can figure how the populace can perpetually elect politicians are so STUPID, They all came from areas O/T California, but succeeded in getting elected time after time with the most inane, idiotic campaigns! AND, She`s not the only one.

  12. red55bird says

    Infringement: When Government is so big that it can give you anything, just remember it can also take it away. Stand your ground America and fight these liberals who demand your rights as citizens under the Constitution.

  13. Rockenroller says

    Every time I open my computer, several offensive images of people are shown, these people ruin my breakfast and engage my mind with their constant and consistent insane illogical ideals, some of these people are Obama, Reid, Holder, Pelosi (especially), lerner, Kastokian, Boehner, the list goes on, to the very last idiot who voted to place these degenerates in positions of power. But I accept that the majority who voted for these fools have serious lessons to learn about making proper decisions, unfortunately, the entire population is brought down to the same level of suffering as the fools who deserve to suffer, Thus we are all responsible to one degree or another.

  14. johnny51 says

    What about a picture of a pop tart made to look like a gun ?

  15. johnny51 says

    It is an infringement of our constitutional rights .

  16. Joseph D Femoyer says

    check out the Johnathan Gruber lie. gruber is an economist from MIT who is the architect of obamacare. gruber states that he and obama HAD TO LIE to the american people in order to get obama care passed since it is really a tax. gruber states on youtube that obamas worst enemy is TRANSPARENCY and that in order to get the american people to eat their “spinach” they had to lie. he states obama knew this all along, they intentionally deceived the american people because the public is “too stupid” to understand economics. these are grubers own words.gruber made at least 4 known videos bragging about this while speaking at conferences. this shows the absolute arrogance of liberalism. pelosi claims she never met gruber and does not know who is he on 11-13-2014 but in 2009 pelosi made statements on air that she knew gruber was an economist at MIT AT THAT HE WAS THE ARCHITECT OF obamacare. obama said the american people would never go for this if they knew the ACA was a tax and that the affluent healthy people were paying for poor sick who could not afford healthcare. see FOX NEWS CHANNEL

  17. David says

    What can one say, Peelosi is a total MORON like the other bozo’s in California…….

  18. usmcb10 says

    Well said crusty one. A law passed in 1923 just shows how long it took for us to get where we are now. And I’m afraid that the road back to common sense is going to be just as long as the road it took to get where we are now. It makes you wonder where some of these people come up with a slack eyed silly notions and ideas that they seem to be no end to them coming up with. I’ll bet this fool they got to agree that gun store shouldn’t advertise their wares will be one who would give up all of his constitutional rights and trust the government to take care of him How Stupid!

  19. Obie Miller says

    California has beautiful weather, but because of their stupidly insane politics and laws,I most certainly would not want to live there!

    1. CA Loser says

      To top it off, we, as in Californians, voted Brown back in office for his 4th try at totally ruining the Golden State. You can call us the FOOLS GOLD STATE now. I didn’t vote for Brown, he is senile and bought by unions.

    2. Paul Stewart says

      Hell I will not even visit there.

  20. doggielvr says

    This is totally ridiculous! Just because of 1 lousy person saying this it sparks a total outrage in my home state!!!!

  21. Combatvet52 says

    Yes California with the strict gun laws and all the BS have more crime by illegals, take all your stupid gun laws and shove them…….my only gun law is the 2nd Amendment my rights.

  22. lha says

    Many states have laws on the books that are archaic,but there none the less. Spitting on the sidewalk,requiring automobiles to be escorted through town by a man carrying a lantern,and other ridiculous statutes are still the law in many municipalities. Times change,but laws don’t.

  23. jwn0001 says

    Hey it would help illegals find amd buy firearms more efficiently

  24. James Andrews says

    Their First Amendment rights are being seriously violated. It is time to take them back!

  25. OldPatriot32 says

    Can’t see why Pelosi’s even mentioned here; it must be the universal hate machine at work. The issue is guns, advertising, and 1st Amendment rights, not Leftist propaganda about other subjects.

  26. OldPatriot32 says

    Makes me want to nail a poster of a gun on my garage door, to see if the state comes to demand its removal, and prosecute me for terrorism! Pathetic.

  27. redneckwithskills says

    Wait until that brain trust in Sacramento makes it illegal to wear clothing, bumper stickers, ball caps, etc… with firearms on them.

  28. tinkerunique says

    IF a gun shop is prohibited from showing guns OUTSIDE the store, a liquor store should be ALSO prohibited from showing booze outside the store and a toy store should be so restricted, and a Firestone store should not allow tires to be seen outside the store. That “rule/law” is discrimination in it’s purest form = ILLEGAL.

  29. akoby says

    Maybe we should ban Victoria Secret manequins in their store windows. According to Hoang, anyone who wants to buy underwear can just go in the store and buy it. No need to put those “provocative” manequins out there, right?

  30. QuisPercusit says

    I am offended by KIAs and Hyundais sitting on every street corner instead of Pontiacs and Oldsmobiles.

  31. OCDiver says

    I think that that the gun manufacturers should be joining the shop owners in that lawsuit for 1st Amendment rights, as it’s their advertising posters and slogans that are being stifled by those illegal/unconstitutional state laws, not just the shop owners.

  32. OldPatriot32 says

    I guess it’s OK for pot shops to advertise in their windows, and cigarette retailers, liquor purveyors, etc.
    The US, and Calif. in particular, and gone PC loony. God help us all…

  33. R.D.WYLIE says

    California everything is illegal especially intelligence and infringed to things they nothing about!!

  34. YBTA says

    One cannot argue with idiots or liberals. They have brain damage.

  35. Jorge Salomon says

    Cant wait till the election time rolls around. This Democrats BULL Shit, has been too long. Maybe we The People can see the light of the darkness that these Democrats have tried to shove up our rear ends and never again allow another democrat into The Casa Blanca. My fellow Americans wake up and smell the roses not the Democrats Bull Shit.

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