By Harold Hutchison
The United States Court of Appeals for the Ninth Circuit refused a request by California Tuesday to lift a preliminary injunction barring enforcement of a 2022 law targeting firearms marketing.
A three-judge panel from the Ninth Circuit ruled Sept. 13 that the district court erred by not granting a preliminary injunction blocking the law, AB 2571, which prohibits firearms marketing that is “designed, intended, or reasonably appears to be attractive to minors.” Democratic Gov. Gavin Newsom of California signed AB2571 into law in 2022.
“Judges Lee and VanDyke voted to deny the petition for rehearing en banc. Judge Smith recommended denying the petition for rehearing en banc,” . “The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc,” the Tuesday ruling said. “The petition for rehearing en banc is DENIED.”
In the Sept. 13 ruling, Circuit Judges Lawrence VanDyke and Kenneth Lee and Senior Circuit Judge N. Randy Smith stated that Junior Sports Magazine, which was the lead plaintiff in the case, had a likelihood to win the case on First Amendment grounds.
“The First Amendment requires more than fact-free inferences to justify governmental infringement on speech,” Lee wrote for the unanimous panel.
In a concurring opinion, VanDyke said AB2571 engaged in viewpoint discrimination.
“AB 2751 effectively removes one viewpoint from the public conversation over the proper role of firearms in our society, while leaving the opposite viewpoint free to participate,” VanDyke wrote. “Under AB 2751, those opposed to minors using firearms for competitions, hunting, and other lawful uses may advocate against such usage. Those who ‘advocat[e] for the purchase, use, or ownership of firearm-related products,’ however, may not promote firearm-related products to minors, even though the minors can use these products for lawful activities.”
Newsom did not immediately respond to a request for comment from the Daily Caller News Foundation.
