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Federal appeals court upholds California’s gun show ban on state property

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Federal appeals court upholds California’s gun show ban on state property


California’s ban on gun shows on state property is constitutional, a federal appeals court said on Tuesday, June 11.

In Orange County, gun shows — including the Crossroads of the West Gun Show that had been held at the  OC Fair & Event Center since 1996 — were banned in 2022 under a state law authored by Sen. Dave Min, D-Irvine. The ban was later expanded to include all state properties, including state-owned fairgrounds.

In October, however, a federal judge blocked those bans, saying California was violating the rights of gun sellers and possible buyers by prohibiting purchases at the fairgrounds of weapons that could be bought legally at standard gun shops. That made it possible for the Crossroads of the West gun show to return to the  OC Fair & Event Center in January after a two-year hiatus.

The federal appeals court’s 3-0 ruling overturns that decision, effectively blocking the gun shows on state-owned fairgrounds, including the OC Fair & Event Center, yet again.

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“Today’s a big win for anyone who cares about gun safety,” said Min, who is running for Congress in California’s 47th congressional district. “If you care about gun safety, if you care about preventing gun violence … this is a big win for you.”

The California Rifle and Pistol Association, a pro-gun owners organization that challenged the bans, said it would appeal Tuesday’s decision.

“CRPA will continue to protect the despised gun culture and fight back against an overreaching government that seeks to limit disfavored fundamental rights and discriminate against certain groups of people on state property,” the association said in a statement. “CRPA looks forward to seeing this misguided decision reversed in short order.”

B&L Productions, the group that operates Crossroads of the West gun shows, had also challenged the ban on gun sales on state property, alleging a violation of gun buyers’ constitutional rights, including freedom of speech and the right to keep and bear arms.

Judge Richard Clifton, appointed to the appeals court by former President George W. Bush, wrote in Tuesday’s 25-page decision that gun sales are “nonexpressive conduct” and thus are not protected by the First Amendment.

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Min said his legislation prevents gun sellers from selling firearms on state property, not talking about them.

“If Crossroads of the West decided they wanted to do a show about how cool guns are where they spoke about guns, they can do that,” he said. “They just can’t sell them.”

In the ruling, Clifton wrote, A “celebration of America’s ‘gun culture,”’ in the words of one of B&L’s briefs, can still take place on state property, as long as that celebration does not involve contracts for the sale of guns.”

Plus, there are six licensed firearm dealers in the same ZIP code as the fairgrounds, Clifton noted in the ruling, and banning gun sales on state property won’t impair potential buyers from owning firearms.

As it was, a separate state law — not challenged in the ruling — imposes a 10-day waiting period and a background check before a firearms dealer can release the weapon to the buyer, meaning someone who purchased a gun at a show on fairgrounds would not be able to walk away with it that same day, the appeals court noted.

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“Merely eliminating one environment where individuals may purchase guns does not constitute a meaningful constraint on Second Amendment rights when they can acquire the same firearms down the street,” he said.

Tracy Olcott, president of Crossroads of West, said the gun show has always been one of the “biggest financial contributors” to the OC Fair & Event Center. (When reached Tuesday afternoon, Olcott declined to comment on the ruling.)

The total revenue for the Crossroads of the West Gun Show held at the OC Fair & Event Center in January was $226,250, said event center spokesperson Terry Moore, which included parking as well as food and beverage commissions in addition to the rental fee.

The OC Fair & Event Center is waiting to hear from its attorney on the next possible steps, said Moore.

Attorney General Rob Bonta and Gov. Gavin Newsom, both Democrats, applauded Tuesday’s ruling. Bonta, who defended the bans in court, said the ruling is “another victory in the battle against gun violence in our state and country.”

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“If other states followed our policies, thousands of lives would be saved — we won’t stop defending our laws from the right’s radical lawsuits,” said Newsom.

Between 2016 and 2021, the Crossroads of the West gun show brought the fairgrounds about $2.6 million in rental revenue, and according to estimates from 2021, gun shows raked in more than $7 million over the last 25 years for the fairgrounds.



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California

California residents flee massive wildfire sparked by burning car

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California residents flee massive wildfire sparked by burning car


Thousands of Northern California residents were forced to evacuate their homes as a massive wildfire scorched more than 250 square miles. The Park Fire, California’s largest this year, was started by a man who pushed a burning car into a gully.



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California's billionaire utopia faces a major setback

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California's billionaire utopia faces a major setback


Silicon Valley’s billionaire-backed plan to turn 60,000 acres into a utopian “city of yesterday” is officially delayed by at least two years. California Forever confirmed on July 22 that its “East Solano Plan” rezoning proposal will not appear on the region’s November election ballot. Instead, the $900 million project will first receive a full, independent environmental impact review while preparing a development agreement with local county supervisors.

Speaking with The New York Times this week, California Democratic state senator John Garamendi said, “The California Forever pipe dream is in a permanent deep freeze.”

First unveiled in August 2023 after years of stealth land purchases just outside San Francisco, organizers bill the 60,000 acre East Solano Plan as a multistep campaign to build “one of the most walkable and sustainable [towns] in the United States.” Concept art on California Forever’s website depicts idyllic pedestrian squares and solar farms, with lofty promises to bring hundreds of thousands of jobs to the area along with “novel methods of design, construction, and governance,” according to a previous profile. Overseen by former Goldman Sachs trader Jan Sramek, California Forever received financial backing from wealthy venture capitalists including LinkedIn’s co-founder Reid Hoffman and Lauren Powell Jobs, billionaire philanthropist and widow of Steve Jobs.

[ California’s billionaire utopia may not be as eco-friendly as advertised.]

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But from the start, locals, environmental advocates, and politicians pushed back against the East Solano Plan. By November 2023, news broke that California Forever’s parent company previously sued a group of locals for $510 billion, citing antitrust violations after the defendants refused to sell their land (the locals later agreed to sell for $18,000 per acre). Meanwhile, state representatives voiced security concerns about the proposed city’s proximity to the nearby Travis Air Force Base.

Last month, the accredited Solano Land Trust announced its opposition to the plan, citing what it believed would be a “detrimental impact” to the region’s “water resources, air quality, traffic, farmland, and natural environment.” The land trust also alleged California Forever backers misled the public by describing much of the area as “non-prime farmland” with “low quality soils.” In reality, the Solano Land Trust explained that the “sensitive habitat… home to rare and endangered plants and animals” includes some of the state’s most water-efficient farmland.

In this week’s announcement, Sramek claims a recent poll conducted by California Forever indicated 65 percent of East Solano residents “support development of good paying jobs, more affordable homes, and clean energy,” while noting that “most voters are also asking for a full environmental impact report to be completed first.”

“The idea of building a new community and economic opportunity in eastern Solano seemed impossible on the surface,” Sramek wrote to Popular Science last year. “But after spending a lot of time learning about the community, which I now call home, I became convinced that with thoughtful design, the right long-term patient investors, and strong partnerships… we can create a new community.”

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Tech Jobs Keep Moving Out of California. Don’t Panic Yet.

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Tech Jobs Keep Moving Out of California. Don’t Panic Yet.


It has been a weird four years for California’s technology sector. It boomed early in the Covid-19 pandemic as people in the US and around the world geared up for remote work and directed their spending to online services (games, streaming, spin classes, etc.) they could consume without leaving home. But that rise in remote work, combined with highest-in-the-nation real estate costs, strict pandemic rules and other factors, also led to something of an exodus from the state’s coastal cities, with high-profile departures of tech leaders in 2020 and 2021 and even occasional claims that the San Francisco Bay Area’s reign as global tech capital was ending.

A few high-profile departures are still taking place, with Elon Musk announcing this month that he will be moving the headquarters of two more of his companies — X, the former Twitter, and SpaceX — from California to Texas, where he moved Tesla Inc.’s headquarters in 2021. But there have also been stories of tech leaders returning and San Francisco beginning a resurgence, with the boom in generative artificial intelligence — the biggest story in tech now — very much concentrated around the San Francisco Bay. My fellow Bloomberg Opinion columnist Conor Sen thinks it might even be a good time to buy some slightly marked-down San Francisco real estate.



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