Yesterday, the United States Supreme Court got another Second Amendment case to consider. Can a state ban gun sales on state-owned property? The law being challenged is California’s attempt at banning gun shows, specifically the crossroads of the West Show, which has been banned from running gun shows for several years. You’re going to want to probably listen to this one because if your state is considering it, or already does that, then this is a case that could bring back freedom for the gun show world. First, I want to thank the sponsor of the video, and that’s the Sonoran Desert Institute.

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versus Newsome case. The lead plaintiff in that case is commonly known as Crossroads of the West, and they’ve been prohibited for several years from holding events on state-owned properties such as fairgrounds. Now the state of California justified the ban by falsely claiming that firearms purchased at gun shows were disproportionately linked to criminal activity. The CRPA quickly challenged the law in court, but the case has taken a complicated and confusing legal path. In June, the 9th Circuit upheld the ban, employing questionable reasoning to sidestep the fact that the law implicates both the 1st and 2nd Amendments.

The court acknowledged that offering a firearm for sale is an expressive act protected by the 1st Amendment, but crazily, they ruled that agreeing to purchase one is not an expressive act. So, you have the rights cover selling one, but doesn’t cover buying one? The 9th Circuit also dismissed the 2nd Amendment challenge by quoting the Supreme Court’s Bruin decision. The 9th argued that while the 2nd Amendment protects the right to keep in their arms, it does not explicitly protect the right to purchase them. Now by this crazy logic, the court upheld the ban, effectively disregarding fundamental constitutional protections under the 1st and 2nd Amendments.

Here on the screen is what the CRPA is asking of the court. The 9th Circuit held that the policy violated the 1st Amendment under the Commercial Speech Doctrine, and that’s the Nordike case. Fast forward to today, the state of California, out of legislative animus, has resuscitated censorship of gun shows. While an offer for sale is still protected commercial speech under 9th Circuit precedent, that same court has now found that an acceptance is not protected speech. Under New York State Rifle and Pistol Association v. Bruin, the government must prove that a ban on 2nd Amendment commerce is part of enduring historical tradition, rejecting petitioner’s 2nd Amendment claims.

The 9th Circuit abandoned the straightforward test set forth in Bruin, and instead applied an interest-balancing meaningful constraint test. The questions presented are, 1. Whether the distinction between pure speech and commercial is obsolete with the 1st Amendment protecting all lawful speech in the same manner, and if not, whether the current iteration of the Commercial Speech Doctrine tolerates a categorical ban of any speech or expressive conduct constituting an acceptance in contract formation for lawful sales of lawful products. 2. Whether the 9th Circuit’s decision directly conflicts with this court’s decision in Bruin by applying a meaningful constraint test to a 2nd Amendment claim asserting a right to engage in lawful commerce and firearms and ammunition on public property.

3. Whether an allegation that a law is motivated by animus can support a claim under the Equal Protection Clause when the law results in the denial of access to public forums for disfavored groups advocating disfavored rights. Now CRPA President and General Counsel Chuck Michel, he’s a good dude, I met him a few times, he said, quote, our crossroads of the West and CRPA plaintiffs had no choice but to ask the Supreme Court to correct the 9th Circuit’s misguided decision to ignore what constitutes constitutionally protected speech and disregard the Supreme Court’s directives in Bruin.

We are hopeful the Supreme Court will recognize the importance of this case and grant certiorari to protect the rights of tens of thousands of lawful gun owners in California to assemble and enjoy the camaraderie and benefits of gun shows. Now this marks the second major 2nd Amendment case in as many days seeking Supreme Court review. If you haven’t already seen my video on the AR ban that is currently under consideration inside of Maryland, I’ll link that in the description and the pinned comment below. Check that out because that is the case that is, if the Supreme Court issues a right to certiorari, I believe that case is a slam dunk case for AR bans.

Yes, for several reasons. Watch that video, I explain it. Guys, let me know what you think of this down below. If you want to stay in the loop, subscribe to the channel. If you’re already, if you think you’re subscribed, double check your subscription. YouTube’s doing some crazy wonky stuff heading into the holidays. And I ask you to please like the video and share it because YouTube is stopping the signal, especially after the election. So if you could help all of the gun channels out, we would greatly appreciate it. Guys, if you’re watching it today, have a happy Thanksgiving.

If you’re not watching it on Thanksgiving, I hope you had a great one. I’ll see you on the next one. Be safe, stay vigilant, carry a gun to keep you, your friends, your family, your community safe. That’s what it’s all about, y’all. Take care. Thank you. [tr:trw].

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