Gun Store Owners Challenge California Law in Federal Court

Posted on the 12 November 2014 by Mikeb302000
Local news reports
A handful of gun store owners are challenging state law in federal court, arguing a gun advertising law infringes on their First Amendment rights.

On the outside of Tracy Rifle and Pistol, in Tracy, several large pictures are displayed, showing firearms. These cover sections of the windows. Store owner Michael Baryla said Monday he posted the photos to make the building look better and to show the public what type of guns he sells. Baryla said he was recently cited by the Department of Justice for having the pictures of the handguns up. "It’s kind of silly, because if you look right outside on the window, we have an AR-15 rifle right next to a handgun," Baryla said. "The AR-15 is 100 percent fine -- the hand gun, on the other hand, isn’t fine." Baryla is referring to a state law, penal code 26820, that prohibits using handgun ads that can be seen from the outside. Baryla and three other gun store owners are challenging the law in federal court. A suit was filed Monday. Baryla argues the California law infringes on his First Amendment rights. "We, as a business, have the right to fairly advertise and speak our minds," Baryla said. "There’s no justification for banning the advertisement of something that is constitutionally protected."