(Fed appeals) Court to take up fairgrounds gun ban (in California)

[alp227]

A federal appeals court will reconsider its ruling that set a tough hurdle for gun show promoters who seek to overturn the ban on firearms at the Alameda County Fairgrounds.

Ruling in a case that dates from 1999, a panel of the Ninth U.S. Circuit Court of Appeals in San Francisco declared in May that advocates of returning guns to the fairgrounds in Pleasanton would have to show that the ban enacted by the county imposes a "substantial burden" on the right to keep and bear arms for self-defense.

Lawyers for the promoters argued that the constitutional right to possess guns for self-defense includes the right to buy and sell them in public places.

On Monday, the court said a majority of its judges had voted to refer the case to an 11-judge panel for a new hearing, at a date not yet scheduled.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/11/29/BALC1M5AA6.DTL

[AtheistCrusader]

1. Interesting.

Not sure I have an opinion on this one. Granted, it is public space, and the state can't lock people out in a way that amounts to a de-facto ban, however...

There must be some sort of controls at the state level over what public property is ok for sales to be conducted on. You and I cannot expect to walk into the governor's office, and have me sell you a firearm.

So, I'll be interested to see where this issue goes.

[Remmah2]

3. Would it be more on the lines of having equal access?

It seems they want to have equal public access to conduct gun shows. As in rental of public space. Same as pet shows, home shows, car shows, motorcycle swap meet. Legitimate activities. If typical, would be weekends only, a couple of times a year. It's not like they're scheduling the shows during "fair week".

The local fair ground shows I attend, you're greeted at the door by security. They check for minimum age and also flag firearms coming in to make sure chambers are empty.

Local Wi-Fi network is set up along with cell phones so 4473's can be processed.

All dealers are legitimate dealers w/DBAs so they collect state sales tax, etc. You can't get a table is you are not some form of business entity. This includes the beef jerky guy.

Parking fees and hall rentals go back into the tax coffers. Otherwise the space would be vacant.

[DonP]

4. Pretty much the same here in Illinois

No private sales on site either.

All firearm sales must process through an FFL.

One week it's a doll show, then a motorcycle swap show, then a gun show.

The county just decided guns hows were "distasteful" and now they are doing this hearing en banc I heard. There was something about it on The Volokh Conspiracy if anybody wants the legal details.

[ileus]

2. It's pretty uncomfortable riding rides with the kids while carrying.