California's law banning the marketing of firearms to minors is probably unconstitutional under the 1st Amendment, a federal appellate court ruled Wednesday.
Thanks to the Supreme Court, cases challenging California’s gun laws have been focused more on distant history than the weapons’ modern threat.California “cannot ban truthful ads about lawful firearm use among adults and minors unless it can show that such an intrusion into the First Amendment will significantly further the state’s interest in curtailing unlawful and violent use of firearms by minors,” and it had produced no such evidence, Lee wrote.
“There was no evidence in the record that a minor in California has ever unlawfully bought a gun, let alone because of an ad,” or that “truthful ads about lawful uses of guns — like an ad about hunting rifles in Junior Sports Magazines’ Junior Shooters — encourage illegal or violent gun use among minors,” Lee wrote, and California cannot “lean on gossamers of speculation” to make such claims. Lee, appointed b President Trump, was joined in the decision by circuit Judges N. Randy Smith, a George W. Bush appointee, and Lawrence VanDyke, another Trump appointee.The lawsuit was brought by Junior Sports Magazines and various other gun groups in California. Chuck Michel, president and general counsel for the California Rifle and Pistol Assn., which was one of the litigants, praised the ruling in a statement Wednesday. He blamed the ban on Gov. Gavin Newsom, a Democrat. “Newsom’s efforts to eliminate youth shooting activities, hunting, and the next generation of Second Amendment advocates who understand their rights has been stopped again,” Michel said. “This is another example of legislative overreach and the politicians’ willingness to trample on constitutional rights.” Michel’s firm in a statement advised gun groups to continue operating as if the ban is still in place until the lower court can act on the appellate court’s decision and issue a new order on their requested injunction. California Atty. Gen. Rob Bonta’s office, which has been defending the law in court, did not immediately respond to a request for comment Wednesday.
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