The US Court of Appeals for the Ninth Circuit has temporarily blocked a California statute barring firearm advertising which appeals to minors, a groundbreaking decision set to produce reverberations through the legal and advertising industries, and indeed, the broader public.
The decision overturns a previous decision by the US District Court for the Central District of California that declined to grant Junior Sports Magazines, Inc. along with an assortment of gun rights groups, a pause on the enforcement of the law.
Circuit Judge Kenneth K. Lee wrote the opinion for the three-judge panel, stating that the advertisement prohibitions could potentially transgress the First Amendment of the US Constitution, given that the law forbids truthful and lawful advertising which does not contribute directly or substantially to a significant governmental interest.
Lee acknowledged California’s vested interest in curtailing gun violence as well as the illicit use of firearms by minors. However, he also noted the permission granted under Californian law for minors to possess and use firearms, under adult supervision, for hunting and other legal activities. Consequently, Lee concluded that the ban on advertising likely infringes upon the First Amendment, as it regulates speech regarding a lawful activity that is not misleading.
The case has been remanded following Wednesday’s decision, which overturned the district court’s refusal of the gun rights groups’ request for a preliminary injunction. Further proceedings are to be expected.
In addition, Lee stated that the reach of the Californian law is beyond necessary, touching both minors and adults with its prohibition on truthful advertising. He also drew attention to the absence of evidence indicating a minor in California had ever illegally purchased a firearm, or had been influenced in such a decision by advertising.
Junior Sports Magazines, Inc. and various gun rights organizations brought a suit against the California Attorney General in his official capacity in 2022, following Governor Gavin Newsom’s enactment of the law.
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