Gun Stores Sue California to Advertise Handguns in Windows

| by Michael Allen

A California law from 1923 bans pictures of handguns and actual handguns, inside gun stores, from being visible on the street. The law doesn't affect shotguns or rifles.

Four gun stores are now suing the state on the claim that California Penal Code section 26820 violates their First Amendment rights.

“The First Amendment prevents the government from telling businesses it disfavors that they can’t engage in truthful advertising,” Bradley Benbrook, one of the lawyers for the gun stores, told Fox News.

However, there are bans on other types of advertising in the U.S. Cigarette ads are banned from TV and hardcore pornography cannot be advertised in public.

Michael Baryla, the owner of Tracy Rifle & Pistol in San Joaquin County, Calif., was fined $3,000 in Sept. for posting three handgun pictures in his store window.

“I run one of the most heavily regulated and inspected businesses in existence, but it’s still illegal for me to show customers that I sell handguns until after they walk in the door,” Baryla told “That’s about as silly a law as you could imagine, even here in California.”

“[H]andguns are the most protected weapon under the Second Amendment,” Brandon Combs, executive director of the Calguns Foundation, a pro-gun group, told Fox News. "The Supreme Court has said handguns are the quintessential weapon of self defense. It's a great case, and I'm excited to see it go forward."

Sources: Fox News, (Image Credit: para-ordnance