UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT B & L PRODUCTIONS, INC., DBA No. 23-55431 Crossroads of the West; BARRY BARDACK; RONALD J. DIAZ, Sr.; D.C. No. JOHN DUPREE; CHRISTOPHER 3:21-cv-01718- IRICK; ROBERT SOLIS; AJB-DDL LAWRENCE MICHAEL WALSH; CAPTAIN JON’S LOCKERS, LLC; L.A.X. FIRING RANGE, INC., DBA OPINION LAX AMMO; CALIFORNIA RIFLE & PISTOL ASSOCIATION, INC.; SOUTH BAY ROD AND GUN CLUB, INC.; SECOND AMENDMENT FOUNDATION,

Plaintiffs-Appellants,

v. GAVIN NEWSOM, in his official capacity as Governor of the State of California and in his personal capacity; ROB BONTA, in his official capacity as Attorney General of the State of California and in his personal capacity; KAREN ROSS, in her official capacity as Secretary of California Department of Food & Agriculture and in her personal capacity; 22ND 2 B & L PRODUCTIONS, INC. V. NEWSOM

DISTRICT AGRICULTURAL ASSOCIATION; SUMMER STEPHAN, in her official capacity as District Attorney of San Diego County; LONNIE J. ELDRIDGE, in his official capacity as County Counsel of San Diego County; DOES, 1-50,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of California Anthony J. Battaglia, District Judge, Presiding B & L PRODUCTIONS, INC., DBA No. 23-3793 Crossroads of the West; CALIFORNIA RIFLE & D.C. No. PISTOL ASSOCIATION; GERALD 8:22-cv-01518- CLARK; ERIC JOHNSON; CHAD JWH-JDE LITTRELL; JAN STEVEN MERSON; ASIAN PACIFIC AMERICAN GUN OWNER ASSOCIATION; SECOND AMENDMENT LAW CENTER, INC.; SECOND AMENDMENT FOUNDATION,

Plaintiffs-Appellees,

v. GAVIN NEWSOM, in his official B & L PRODUCTIONS, INC. V. NEWSOM 3

capacity as Governor of the State of California; ROB BONTA, in his official capacity as Attorney General of the State of California; KAREN ROSS, in her official capacity as Secretary of California Department of Food & Agriculture and in her personal capacity; 32ND DISTRICT AGRICULTURAL ASSOCIATION,

Defendants-Appellants, TODD SPITZER, in his official capacity as District Attorney of Orange County, DOES, 1-10,

Defendants.

Appeal from the United States District Court for the Central District of California John W. Holcomb, District Judge, Presiding

Argued and Submitted March 6, 2024 Pasadena, California

Filed June 11, 2024 Before: Richard R. Clifton, Holly A. Thomas, and Roopali H. Desai, Circuit Judges.

Opinion by Judge Clifton 4 B & L PRODUCTIONS, INC. V. NEWSOM

SUMMARY*

First and Second Amendments/Gun Shows

In two separate actions involving First and Second Amendment challenges brought by B&L Productions, Inc., an operator of gun shows in California, to statutes that bar the sale of guns on state property, the panel affirmed the district court’s dismissal of B&L’s claims in Case No. 23- 55431 and vacated the district court’s order granting B&L’s motion for a preliminary injunction in Case No. 23-3793. In Case No. 23-55431, B&L challenged a ban on firearm sales at the Del Mar Fairgrounds. In Case No. 23-3793, B&L challenged bans on firearm sales (1) at the Orange County Fairgrounds and (2) on all state property. Addressing the First Amendment challenges, the panel held that because the challenged statutes solely restrict nonexpressive conduct—contracting for the sale of firearms—they are not subject to First Amendment scrutiny. The statutes do not prohibit offers to sell firearms but rather bar the acceptance of such offers, which is what determines when a contract becomes binding. Accepting an offer, an act that formally consummates a business