Harris
Tracy Rifle & Pistol LLC v. Harris
Opinion
Lead Opinion
Nunley, J.
ORDER
The matter is before the Court on Plaintiffs Tracy Rifle and Pistol LLC (“Tracy Rifle”), Michael Baryla, Ten Percent Firearms (“Ten Percent”), Wesley Morris, Sacramento Black Rifle, Inc., Robert Adams, PRK Arms, Inc., Jeffrey Mullen, Imbert & Smithers, Inc. (“Imbert & Smithers”), and Alex Rolsky’s Motion for a Preliminary Injunction. (ECF No. 5.) Defendants Ka-mala D. Harris and Stephen J. Lindley, acting in their official capacities, oppose the motion. (ECF No. 18.) The Court has carefully considered the arguments raised in the parties’ filings, and for the reasons discussed below, DENIES the motion for a preliminary injunction.
BACKGROUND
Plaintiffs — retail firearms dealers — argue that California Penal Code § 26820 violates their free speech rights under the First Amendment of the U.S. Constitution, and therefore seek to preliminarily enjoin Defendants from enforcing the section. Section 26820 provides: “No handgun or imitation handgun, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.”
Specifically, on September 12, 2014, the California Department of Justice Bureau…