Eugene Volokh:Can California ban gun stores from advertising handguns on their signs?

This is a long but brilliant legal brief by Eugene Volokh.  I would add that the arguments that he writes about that apply to the first amendment should apply to the second amendment as well, but do not yet do so.

I blogged last week about Tracy Rifle & Pistol LLC. v. Harris (E.D. Cal.), a case in which I’ve been hired to consult, and which the California Association of Federal Firearms Licensees, The Calguns Foundation, and Second Amendment Foundation are supporting. The case is a First Amendment challenge to Cal. Civil Code § 26820 (which was first enacted 1923, but is still being enforced today):

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.

Just yesterday, we filed a motion for a preliminary injunction against the enforcement of the statute; you can read the full motion in a PDF, but I also include the text below:

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