The Ninth Circuit Court of Appeals denied a request to rehear a ruling that found California’s ban on gun advertisements in junior sports magazines likely unconstitutional.
The decision was made by a three-judge panel, stating that the ban does not directly reduce gun violence among youth and violates the First Amendment by restricting truthful advertisements about lawful gun use.
The panel’s conclusion was “that because California permits minors under supervision to possess and use firearms for hunting and other lawful activities, [the Marketing Firearms to Minors Law] facially regulates speech that concerns lawful activity and is not misleading,” Judge Kenneth Lee said.
“California cannot straitjacket the First Amendment by, on the one hand, allowing minors to possess and use firearms and then, on the other hand, banning truthful advertisements about that lawful use of firearms,” Lee said.
The case is Junior Sports Magazines, Inc., v. Bonta, brought by the Second Amendment Foundation and the California Rifle and Pistol Association.
“It seems like it has been forever since the 9th Circuit has refused to hear a gun case en banc. Hopefully this is a new trend,” Second Amendment Foundation executive director Alan Gottlieb said.
The case will now be re-examined by the district court as the en banc rehearing was denied.
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