A federal judge in California has issued a preliminary injunction preventing a Del Mar Fair Board from banning gun shows at the fairgrounds. (Dave Workman photo)
By Dave Workman
Senior Editor
A federal district court judge in San Diego has issued a preliminary injunction against the Del Mar Fair Board’s attempt to ban gun shows, in a case involving the Second Amendment Foundation, California Rifle and Pistol Association, several other groups and individuals.
Federal District Judge Cathy Bencivengo, a 2012 Barack Obama appointee, issued the preliminary injunction, prohibiting the Del Mar Fair Board from enforcing a recently-enacted moratorium on gun shows at the fairgrounds. Plaintiffs in the case consider this a huge victory over a moratorium that took effect back on Jan. 1 and the lawsuit was followed later that month.
The fairground is in Del Mar, located north of San Diego.
SAF and CRPA are joined by B&L Productions, Inc., Crossroads of the West, South Bay Rod and Gun Club, Maximum Wholesale/Ammo Brothers and five private citizens, according to a SAF news release.
SAF is represented by veteran attorney Donald Kilmer, who has won previous lawsuits challenging gun show restrictions in the Golden State. CRPA is represented by attorney Chuck Michel, another veteran of California gun law litigation. The case is supported by the National Rifle Association’s Institute for Legislative Action, according to a CRPA news release.
“Of course we’re delighted with this ruling,” said SAF founder and Executive Vice President Alan M. Gottlieb. “At a time, and in a state, where law-abiding gun owners seem under constant attack, having a federal judge side with our complaint validates our efforts to protect constitutional and civil rights.”
CRPA is calling this “a major victory,” considering that it comes from a California court.
“This is a huge first victory for those involved in the case,” the group said.
Gottlieb was especially cheered because SAF has been posting wins elsewhere lately, including a recent decision by the Second District Appellate Court in Illinois that dismissed an effort by the Village of Deerfield to challenge a permanent injunction against the community’s attempted ban on so-called “assault weapons” and “large-capacity magazines.” SAF was joined in that case by the Illinois State Rifle Association—it’s partner in the landmark 2010 U.S. Supreme Court victory in McDonald v. City of Chicago—on behalf of Deerfield resident Daniel Easterday. Deerfield’s appeal was dismissed for lack of jurisdiction, the court ruled.
That case may not be entirely dead, however, because of some issues that may still be pending.
