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ARTICLE · 09 OCTOBER 2018

How Much Is That Handgun In The Window?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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It's not often that we get to blog about gun advertising and the First (not Second) Amendment.

United StatesMedia, Telecoms, IT, Entertainment

It's not often that we get to blog about gun advertising and the First (not Second) Amendment.  But last month, a district court in the Eastern District of California ruled that California Penal Code § 26820, which prohibits a limited category of ads promoting the retail sale of handguns, was an unconstitutional burden on commercial speech in violation of the First Amendment.  The law was challenged by a group of retail gun stores in California, some of which had been cited with violations of the law. 

Enacted in 1923, Section 26820 prohibits gun dealers from displaying a "handgun or imitation handgun, or [a] placard advertising the sale or other transfer thereof ... in any part of the premises where it can readily be seen from the outside."  Violation can lead to the loss of a gun dealer's license.  (Cal. Penal Code §§ 26800, 26715(b); Cal. Admin. Code tit. 11, § 4024.)  The photo accompanying this post shows an example of the type of advertising at issue.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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