Federal First Amendment challenge of California law preventing gun dealers from displaying truthful, non-misleading speech.
Case Information
Caption: Tracy Rifle and Pistol LLC, et al. v. Becerra, et al.
Case no.: 2:14-cv-02626
Filed: November 10, 2014
Summary: Federal First Amendment challenge of California law preventing gun dealers from displaying truthful, non-misleading speech, including handguns and handguns ads. Cal. Penal Code section 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.”
Status: Victory! Motion for Summary Judgment GRANTED
Important Legal Documents:
66 - Order GRANTING Plaintiffs' Motion for Summary Judgment
22 - First Amended Complaint for Declarative, Injunctive, or Other Relief
29 - Defendant's Answer to Plaintiff's First Amended Complaint
43 - Defendants’ Disclosure of Expert Witnesses
- 43.1 Expert Witness Report of Professor Gregory T. Gundlach
- 43.2 Expert Witness Report of Professor J. John Mann
45 Expert Witness Report of Professor Gary Kleck
51 Notice of Motion and Motion for Summary Judgment
- 51.1 Plaintiffs’ Memorandum of Points and Authorities in Support of Motion for Summary Judgment
- 51.2 Statement of Undisputed Facts In Support of Plaintiffs’ Motion For Summary Judgment
- 51.3 Declaration of Alex Rolsky in support of Plaintiffs' Motion for Summary Judgement
- 51.4 Compendium of Evidentiary Documents in Support of Plaintiffs’ Motion for Summary Judgment
- 52.1 Defendants’ Statement of Undisputed Facts in Support of Their Motion for Summary Judgment
- 52.2 Defendants’ Notice of Legislative Facts in Support of Their Motion for Summary Judgment
- 52.3 Exhibit 1 - Intentionally Omitted
- 52.4 Exhibit 2 - Proceedings of 34th Annual Meeting of National Conference of Commissioners on Uniform State Laws
- 52.5 Exhibit 3 - Handbook of National Conference of Commissioners on Uniform State Laws
- 52.6 Exhibit 4 - 1923 Cal. Stat. ch. 339, # 5 Exhibit 5 - Charles V. Imlay, The Uniform Firearms Act, 12 A.B.A. J. 767
- 52.7 Exhibit 5 - Charles V. Imlay, The Uniform Firearms Act, 12 A.B.A. J. 767 (1926)
- 52.8 Exhibit 6 - New Firearms Law Effective on August 7, S.F. Chron., 7/15/1923
- 52.9 Exhibit 7 -Intentionally Omitted
- 52.10 Exhibit 8 - Committee on Law Enforcement's for a Better Enforcement of the Law, 8 A.B.A. J. 588 (1922)
- 52.11 Exhibit 9 - Report of the California Crime Commission (1929)
- 52.12 Exhibit 10 - Report of the Standing Committee on Uniform State Laws, Report of 49th Annual Meeting of the American Bar Association (1926)
- 52.13 Exhibit 11 - Kamala D. Harris, Attorney General, Homicide in California, 2013 (2013)
- 52.14 Exhibit 12 - Kamala D. Harris, Attorney General, 2013 Firearms Used in the Commission of Crimes (2013)
- 52.15 Exhibit 13 - Bureau of Justice Statistics, U.S. Department of Justice, Firearm Violence, 1993-2011 (2013)
- 52.16 Exhibit 14 - California Department of Public Health's California Violent Death Reporting System User-Generated Report, Suicides 2005-2009
- 52.17 Exhibit 15 - John Henry Sloan et al., Handgun Regulations, Crime, Assaults, and Homicide A Tale of Two Cities, 318 New Eng. J. Med. 913
- 52.18 Exhibit 16 - Michael Siegel et al., The Relationship Between Gun Ownership and Firearm Homicide Rates in the United States, 1981-2010, 103 Am. J. Pub. Health 2098 (2013)
- 52.19 Exhibit 17 - Peter Cummings et al., The Association Between the Purchase of a Handgun and Homicide or Suicide, 87 Am. J. Pub. Health 974 (1997)
- 52.20 Exhibit 18 - Garen J. Wintemute et al., Mortality Among Recent Purchasers of Handguns, 341 New Eng. J. Med 1583 (1999)
- 52.21 Exhibit 19 - K.M. Grassel et al., Mortality Among Recent Purchasers of Handguns, 341 New Eng. J. Med 1583 (1999))(Richards, Nelson) Modified on 12/7/2016 (Kastilahn, A). Modified on 12/19/2016 (Kastilahn, A)
55 Plaintiffs’ Opposition to Defendants’ Motion for Summary Judgment
- 55.1 Plaintiffs’ Compendium of Evidentiary Documents Cited in Opposition to Defendants’ Motion for Summary Judgment
- 55.2 Plaintiffs’ Response to Defendants’ Separate Statement of Undisputed Facts Submitted in Support of Defendants’ Motion for Summary Judgment
56 Defendants’ Opposition to Plaintiffs’ Motion for Summary Judgment
57 Plaintiffs’ Reply Brief in Support of Motion for Summary Judgment
58 Defendants’ Reply in Support Of Their Motion for Summary Judgment
62 Notice of New Authority by Kamala D. Harris
63 Notice of New Authority by All Plaintiffs
64 - Notice of New Authority by All Plaintiffs
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