The 9th U.S. Circuit Court of Appeals on Monday gave a big victory to gun rights groups, upholding its preliminary injunction against a section of the California Business and Professions Code that the plaintiffs argued was used by the state to stifle gun-related advertising in a youth magazine.
The court ruled last year that Section 22949.80 of the California Business and Professions Code that prohibits the advertising of any "firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors" violated the First Amendment.
It sent the case back to the district court, which determined a subsection dealing with advertising that "offers brand-name merchandise for minors, including, but not limited to, hats, T-shirts, or other clothing, or toys, games, or stuffed animals, that promotes a firearm industry member or firearm-related product" did not apply to the injunction.
But a three-judge panel of the 9th Circuit — Kenneth Lee and Lawrence VanDyke, President Donald Trump appointees, and N. Randy Smith, a George W. Bush appointee — unanimously ruled its injunction covers the entirety of the section.
"We earlier held that Section 22949.80 of the California Business and Professions Code — a statutory scheme that bars firearm advertising that 'reasonably appears to be attractive' to minors — violates the First Amendment," the judges wrote.
"On remand, the district court declined to preliminarily enjoin subsection (b) of Section 22949.80, which prevents the firearm industry from compiling or using personal information of minors for marketing purposes. We reverse the district court and clarify that our constitutional analysis applied to the entirety of Section 22949.80."
The California Assembly in 2022 amended the Business and Professions Code over concerns that "the proliferation of firearms to and among minors poses a threat to the health, safety, and security of all residents of, and visitors to, this state." The amended portion, AB 2571, easily passed the Democrat-controlled Assembly and was signed into law by Gov. Gavin Newsom.
"We are thrilled that the 9th Circuit clarified today that its decision striking down California's Gun Advertising Ban applied to the law in its entirety," Bill Sack, director of legal operations at the Second Amendment Foundation, said in a news release. "The First Amendment provides the protection to advertise constitutionally protected arms just as the Second Amendment codifies the protection to keep and bear them."
The Second Amendment Foundation was among several plaintiffs in the lawsuit filed by Junior Sports Magazines, which publishes the youth-oriented firearm publication Junior Shooters. Others included the California Youth Shooting Sports Association, Gun Owners of California, Redlands California Youth Clay Shooting Sports, California Rifle and Pistol Association, the California Rifle and Pistol Association Foundation, and a private citizen.
"Today's ruling strongly affirms that the fundamental rights afforded by both the First and Second Amendments are just that: fundamental," Chuck Michel, president and general counsel of the California Rifle and Pistol Association, said in a news release. "AB 2571 was a blatant attempt to destroy gun culture, and it's gratifying to see it roundly rejected by the court today."
Newsmax reached out to California Gov. Gavin Newsom and a fellow Democrat, state Attorney General Rob Bonta, for comment.
Michael Katz ✉
Michael Katz is a Newsmax reporter with more than 30 years of experience reporting and editing on news, culture, and politics.
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