PRELIMINARY INJUNCTION ISSUED AGAINST MONTGOMERY COUNTY GUN SHOW BAN

(August 1, 2001) Congratulations to gun show promoter Frank Krasner for scoring his first victory in the fight against Montgomery County's gun show ban. On July 23, 2001, Federal Judge Marvin Garbis issued a preliminary injunction to stop the county from enforcing its new ban until the rest of the case is decided sometime this fall. In order to take this step, the court found that Krasner had likelihood to win on the merits of the full case once it is completed, and would suffer irreparable harm in the mean time without the injunction.

At issue is protection of commercial free speech for what is otherwise a lawful activity, and also state preemption. Clearly the county is fanning the flames of bigotry by discriminating against a group solely based on its belief in the Bill of Rights, all without even the pretext of linking the activity to something illegal or hurtful to the public. Garbis clears the way for Krasner's October show, and puts pressure on the Fair Board to reapprove his contract.


When Frank Krasner filed suit against Montgomery County for its discriminatory gun show ban, county attorney Charles W. Thompson Jr., who is responsible for defending the county law, told media: "We see this legal attack like Mike Tyson might see a fight against me - a K.O. in two seconds of the first round." (Note to Mr. Thompson: we suggest you try a light cream sauce and lots of beer while eating that crow.)