On February 20, the Ninth Circuit Court of Appeals denied the request for rehearing. big bank In September 2023, a three-judge panel ruled that California’s ban on gun advertising in junior sports magazines was “likely to be unconstitutional.”
The three-judge panel’s decision, handed down on September 13, 2023, found no evidence that banning magazine advertising would reduce youth gun violence.
Judge Kenneth Lee, a Donald Trump appointee, wrote the panel’s opinion. majority opinionthe commission’s first conclusion was that “California allows minors to own and use firearms for supervised hunting and other lawful activities; [the Marketing Firearms to Minors Law] Ostensibly regulates speech that relates to legitimate activities and is not misleading. ”
He noted that the panel then concluded that:
…that [the Marketing Firearms to Minors Law] It does not directly and materially advance California’s substantive interests in reducing gun violence and the illegal use of firearms by minors. There was no evidence in the record that a minor in California had illegally purchased a gun, much less because of an advertisement.
“California is constraining the First Amendment by allowing minors to possess and use firearms on the one hand and prohibiting truthful advertising regarding the lawful use of firearms on the other,” Lee said. I can’t do that,” he emphasized.
A three-judge panel heard the case on appeal after the district court declined to issue a preliminary injunction against the sale. The three-judge panel reversed the district court’s denial of the preliminary injunction and remanded the case “to proceed as follows.” [the panel’s opinion]”
On Tuesday, the 9th Circuit denied a request to rehear the case. big bankwhich means that the three-judge panel’s decision stands because the case will be retried by the district court.
The case is Junior Sports Magazines, Inc. vs. Bonta; Brought to you by the Second Amendment Foundation and the California Rifle and Pistol Association.
Alan Gottlieb, executive director of the Second Amendment Foundation, commented on the Ninth Circuit’s refusal to rehear the case. big banks, “It seems like forever has passed since the Ninth Circuit refused to hear a gun case.” big bank. I hope this becomes a new trend. ”
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and also writes Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment for Breitbart News. He is also a writer and curator. He is a political analyst for Armed American Radio and a professional staff member for Pulsar Night Vision. He was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and completed his Ph.D. Military history focusing on the Vietnam War (Brown Navy), the U.S. Navy since its inception, the Civil War, and early modern Europe. Follow him on Instagram: @awr_hawkins. To get Down Range, you can sign up at breitbart.com/downrange. Please contact us directly at awrhawkins@breitbart.com.
