California Governor Gavin Newsom signed SB 264 into law in October of 2021. SB 264 prohibited the 32nd District Agricultural Association from contracting for, authorizing, or allowing the sale of any firearm, firearm precursor part, or ammunition on the property or in the buildings that comprise the OC Fair and Event Center (the “Fairgrounds”).
As a result Plaintiff B&L Productions was no longer able to continue to host gun shows at the Fairgrounds, despite trying to find creative ways to comply with the new law. Similarly, all of the plaintiffs suffered injuries from SB 264’s practical effect of shuttering the gun show that took place at the Fairgrounds by virtue of destroying the ability of plaintiffs to discuss firearms, ammunition, politics, and the Second Amendment and removing their ability to purchase and sell firearms, ammunitions, and accessories.
On August 12, 2022, the Second Amendment Foundation, filed suit with three other civil rights organizations, one event promoter, and four individuals, seeking declaratory and injunctive relief against Defendants for violating their First and Fourteenth Amendment rights under the United States Constitution. The lawsuit asks a federal court to declare the ban on gun shows at the Fairgrounds unconstitutional and enjoin the Defendants from enforcing the ban.
Case Team: Donald Kilmer
Recent Docket Activity
March 30th, 2026
ORDER RE: CASE MANAGEMENT & STAY PENDING EN BANC NINTH CIRCUIT OPINIONS IN YUKUTAKE V. LOPEZ & RHODE V. BONTA 83 by Judge John W. Holcomb. The hearing on Plaintiffs' Motion for Leave to File Second Amended Complaint, currently scheduled for April 3, 2026, at 9:00 a.m., is VACATED. All proceedings in this matter are STAYED until the latter of the two en bane panels in Yukutake v. Lopez, Case No. 21-1675, and Rhode v. Bonta, Case No. 24-542, issues its opinion. Any party may move at any time to modify or vacate the stay, for good cause shown. The Parties are DIRECTED file a status report with the Court no later than July 3, 2026, and every 90 days thereafter, that advises the Court regarding the status of the en bane appeals in Yukutake v. Lopez, Case No. 21-1675, and Rhode v. Bonta, Case No. 24-542. The Clerk is DIRECTED to close this case administratively. IT IS SO ORDERED.
March 27th, 2026
Joint STIPULATION to Stay Case pending En Banc Ninth Circuit Opinions filed by Plaintiffs Asian Pacific American Gun Owner Association, B & L Productions, Inc., California Rifle & Pistoal Association, Incorporated, Gerald Clark, Eric Johnson, Chad Littrell, Jan Steven Merson, Second Amendment Law Center, Inc..
February 17th, 2026
SCHEDULING NOTICE by Judge John W. Holcomb: On its own motion, the Court hereby CONTINUES the hearing on Plaintiff's Motion for Leave to Amend [ECF No. 79] and the Scheduling Conference from February 27, 2026, at 9:00 a.m. to April 3, 2026, at 9:00 a.m. Counsel for the parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, California, at that date and time. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY
February 13th, 2026
REPLY in support of NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint 79 filed by Plaintiffs Asian Pacific American Gun Owner Association, B & L Productions, Inc., California Rifle & Pistoal Association, Incorporated, Gerald Clark, Eric Johnson, Chad Littrell, Jan Steven Merson, Second Amendment Law Center, Inc..
January 30th, 2026
OPPOSITION In Opposition to the related document re: NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint 79 State Defendants' Opposition to Plaintiffs' Motion for Leave to File Second Amended Complaint filed by Defendants 32nd District Agricultural Association, Rob Bonta, Gavin Newsom, Karen Ross.
January 16th, 2026
NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint filed by Plaintiffs Asian Pacific American Gun Owner Association, B & L Productions, Inc., California Rifle & Pistoal Association, Incorporated, Gerald Clark, Eric Johnson, Chad Littrell, Jan Steven Merson, Second Amendment Law Center, Inc.. Motion set for hearing on 2/27/2026 at 09:00 AM before Judge John W. Holcomb.
