U.S. Supreme Court Justice Elena Kagan has rejected a petition seeking to pause California’s prohibition on gun sales at gun shows held on public property, such as county fairgrounds.
On Oct. 4, Kagan denied an emergency application from B&L Productions, the company that runs the “Crossroads of the West” gun shows across the country, including in San Diego and Orange Counties. She dismissed the petition just two days after it was filed without asking for a response from the state of California or providing an explanation for her decision.
The showrunner’s legal challenge, filed on both First and Second Amendment grounds, accused California of violating the right of sellers and would-be buyers, alleging that the laws were part of a broader effort to suppress gun culture by limiting public spaces for its proponents to gather and engage in lawful trade.
“Although the challenged statutes do not expressly ban gun shows, that is their stated goal,” B&L told the Supreme Court, noting it had been unable to book any events at state-owned properties since 2023.
The case was initially dismissed in March 2023 by U.S. District Judge Anthony Battaglia. However, in October 2023, U.S. District Judge Mark Holcomb sided with B&L to block the laws in question, saying gun shows serve not just as marketplaces for firearms, but as public forums where discussions about gun safety and political advocacy take place, granting them First Amendment protections.
In June, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously overturned Holcomb’s ruling.
Writing for the majority, Judge Richard R. Clifton concluded that Senate Bill 915 does not violate the Second Amendment, as it does not “meaningfully constrain” anyone’s ability to keep and bear arms. He further noted that the sale of firearms is not considered a form of protected “expressive conduct” under the First Amendment.
The panel also rejected B&L’s argument that the law would suppress pro-gun speech at gun shows, stating that any decision to stop hosting gun shows because of the sales restrictions would be a business choice made by the showrunner, not a direct result of the law.
Min welcomed the Ninth Circuit’s ruling, which he said was an important step in making communities safer.
Firearms sold at California gun shows do not immediately exchange hands. Under a 1996 state law, the final transaction can only be completed after a mandatory 10-day waiting period, during which the buyer must also pass a background check. The firearm is then picked up from a licensed dealer.