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To: 45Auto
"Federal courts in California and elsewhere have already ruled that gun shows are a protected form of commercial free speech," Waldron stated. "The California Supreme Court, with this decision, has cavalierly decided that the First Amendment does not apply in the Golden State after all."

The ruling didn't address the 1st Amendment issues because the Court wasn't asked to address them. This was only about local laws on the use of public property. Nordyke, however, was a bit on the strange side. The issue there was a narrowly tailored law that had the effect of outlawing only one type of activity; gun shows. While the Court says that counties are within their rights to ban certain types of uses for public venues, this approaches the same end, but by sneaky, backdoor means. The Court seems to be leaving itself wide open to reversal there on equal protection grounds. Great Western and Nordyke could still be reversed on 1st Amendment grounds. The "Freedom of assembly" argument is a compelling one, but was not at issue before the CA Supreme Court.

3 posted on 04/23/2002 2:35:57 PM PDT by Redcloak
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To: Redcloak
Your analysis is compelling. I worry about the possibility that this decision will lead to a near total loss of state pre-emption in the gun regulation arena; that each and every little commie enclave in Cal will now be able to use this ruling as an excuse to find ways not only to prohibit gun sales within their city limits, but possibly also to place rigorous bans on private gun ownership.
4 posted on 04/23/2002 2:40:55 PM PDT by 45Auto
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