Gun dealers sue over California law barring window displays

[Midwest]

Four Gun dealers sue over California law barring window displays

At issue is a gun 'display law' and the First Amendment. It is illegal to show handguns or pictures of handguns from the outside . The law isn't new either, it dates back to 1923.

However controversial goods and services are protected under the First Amendment according to the argument. UCLA Law Professor Eugene Volokh believes that the gun dealers have strong case.

In addition to California. Pennsylvania, Texas and Washington DC also have laws against displaying handguns according to the article.


http://www.foxnews.com/politics/201...-over-california-law-barring-window-displays/


"Tracy Rifle and Pistol, a gun store and firing range in San Joaquin County, was recently cited by state authorities for having pictures of three handguns in window signs that could be seen from outside the store. A photo of an AR-15 rifle in an adjacent window, part of a display ad for which Baryla paid a total of $3,000, did not draw a citation. He has until February to take down the photos."

.

 

[danez71]

I agree but how long has the ban on cigarette tv ads been upheld?

 

[Art Eatman]

TV is irrelevant to a showroom window. Totally different deal.

 

[danez71]

How so?

I think I know where youre going with it but I'm being genuine.

 

[Art Eatman]

The TV restriction against booze and cigarettes is tied to a public health issue and "incitement of youth into bad habits". It speaks to known health and behavior problems.

Mere visualizing of a firearm does not suggest any specific misbehavior of whatever sort--thus we have the hunting and firearms TV programs as well as window displays at stores.

 

[oneounceload]

No longer are liquor ads being banned from TV and they haven't for about a decade or more.

These are displays in their business. Liquor stores have huge window ads and displays, C-stores do for cigs and beer as well, even Walgreens/CVS types stores do.

Why are those ads for "dangerous" commodities any different than his?

After all, more folks die from smoking and drinking than guns

 

[steelerdude99]

The TV restriction against booze and cigarettes is tied to a public health issue and "incitement of youth into bad habits". It speaks to known health and behavior problems.

Mere visualizing of a firearm does not suggest any specific misbehavior of whatever sort--thus we have the hunting and firearms TV programs as well as window displays at stores.

Art,
But the antis truly feel they are helping the weak minded citizens from being seduced into acquiring a firearm. The way nicotine and alcohol make an individual chemically dependent... guns seduce their owners making them psychologically dependent. To counter that, the anti's view that lack of exposure will create a strong and pure will to resist. That way in the next generation their children will will not even know what a gun is and therefore will have no desire to ever have one.

How many times have we seen news of "gun paranoia" in schools absent the presence of a physical gun. Drawings, gestures or pop-tarts chewed in a certain way all weaken children's minds is the common thread. Eliminating any and all exposure to firearms seems to be part The Gun-Control 101 handbook. All this to create a gun-free society.

chuck

 

[Praxidike]

Art,
But the antis truly feel they are helping the weak minded citizens from being seduced into acquiring a firearm. The way nicotine and alcohol make an individual chemically dependent... guns seduce their owners making them psychologically dependent. To counter that, the anti's view that lack of exposure will create a strong and pure will to resist. That way in the next generation their children will will not even know what a gun is and therefore will have no desire to ever have one.

How many times have we seen news of "gun paranoia" in schools absent the presence of a physical gun. Drawings, gestures or pop-tarts chewed in a certain way all weaken children's minds is the common thread. Eliminating any and all exposure to firearms seems to be part The Gun-Control 101 handbook. All this to create a gun-free society.

chuck

Exactly... Looking at this issue from their point of view and not ours, they see guns as in fact being a "public health issue" and "incitement of youth into bad habits." They will point to all the recent school shootings and those under 18 years of age kids in Chicago who aren't legally allowed to even own a gun, but still manage to kill each other (and some time innocent bystanders) at an alarming rate.

 

[Art Eatman]

Far be it from me that any of the antis' arguments have any merit.

 

[oneounceload]

and those under 18 years of age kids in Chicago who aren't legally allowed to even own a gun, but still manage to kill each other

Far be it from us to stop that.........most of the crime stats will nose dive then....... (OK,off the soap box)

 

[230RN]

Has anyone addressed the question of "No Guns" signs in store windows and entry doors in light of those laws?

http://upload.wikimedia.org/wikipedia/commons/1/1f/No_gun.jpg

Sauce, goose, gander...

Oh, and in the Post Offices, as well.

 

[ClickClickD'oh]

In addition to California. Pennsylvania, Texas and Washington DC also have laws against displaying handguns according to the article.

That's news to me. Must have skipped that law in the academy.

 

[Midwest]

That's news to me. Must have skipped that law in the academy.

From the article...

"Similar laws banning handgun displays are on the books in Pennsylvania, Texas and Washington, D.C., but are rarely, if ever, enforced."

and

"Similar laws are on the books in other states, but only California seems to enforce them, according to the plaintiffs' attorneys."
.

 

[ClickClickD'oh]

From the article...

Well, yes. I know what the article says.

Has anyone actually seen this law though? Just saying.

 

[Quiet]

CA Penal Code 26820
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.

 

[Midwest]

Texas

It says pawnbroker, but does not address gun stores

http://codes.lp.findlaw.com/txstatutes/FI/4/C/371/D/371.179


"Search TEX FI. CODE ANN. § 371.179 : Texas Statutes - Section 371.179: DISPLAYS OF CERTAIN WEAPONS PROHIBITED


A pawnbroker may not display for sale in a storefront window or sidewalk display case or depict on a sign or advertisement in such a way that the item, sign, or advertisement may be viewed from a street:

(1) a pistol;

(2) a dirk;

(3) a dagger;

(4) a blackjack;

(5) a hand chain;

(6) a sword cane;

(7) knuckles made of metal or any other hard substance; or

(8) a switchblade, springblade, or throwblade knife."



I found this too, at another site...not relevant, but humorous.

http://www.durysguns.com/news/rules-for-buying-a-gun-in-texas

"No person in Texas may shoot a buffalo from a second story window"


Pennsylvania

There are display laws which only go in effect during some kind of an emergency. I don't see anything that specifically mentions banning handguns from store displays when there is a non emergency.


http://www.pacode.com/secure/data/037/chapter31/chap31toc.html


"If a clear and present danger to public safety is found by the Commissioner .........

(1) All firearms shall be removed from public display. This includes firearms in display cases, racks and shelves within the premises. These firearms shall be placed in a suitable safe, vault or storeroom until the Commissioner has declared the danger to have ceased. "
.