California Settles Lawsuit Over Firearm Advertising Ban

On Tuesday, California reached a settlement with the Second Amendment Foundation, the Firearms Policy Coalition, and other involved parties, agreeing to pay over $1.3 million in legal fees.

This settlement arises from a lawsuit regarding California’s Firearm Sales to Minors Act, which was deemed to infringe upon First Amendment rights by banning the advertising of firearms.

In a September 2023 opinion, Ninth Circuit Judge Kenneth Lee noted that the law does not significantly contribute to California’s efforts in curtailing gun violence and the illegal use of firearms by minors. He remarked that there was no evidence suggesting that a minor in California had illegally purchased a gun, much less because of any advertisement.

Lee further emphasized that California cannot restrict the First Amendment by allowing minors to possess firearms on one hand while prohibiting truthful advertising about their lawful use on the other.

The Firearms Policy Coalition announced the settlement, stating that following two losses in the Ninth Circuit, California acknowledged that its restrictive advertising ban violated the First Amendment, resulting in a compensation of $1,381,749.72 for the plaintiffs’ attorney fees.

The Second Amendment Foundation highlighted that California’s governor, Gavin Newsom, was driven to enact the law due to a specific incident, which they claim ended up costing taxpayers over $1 million, aside from the expenses incurred for their own legal representation. They noted that $350,000 would be allocated to the Second Amendment Foundation, $550,000 to a coalition of plaintiffs in a similar case, and an additional $480,000 related to a parallel lawsuit addressed by the Safari Club International.