The Second Amendment Foundation is cheering the decision by a Ninth Circuit Court of Appeals panel to deny the State of California an en banc hearing in a case known as Junior Sports Magazines, Inc. v. Bonta, in which the state tried to prohibit firearm advertising which it claims, “reasonably appears to be attractive to minors.”
SAF is joined in the case by Junior Sports Magazines, the California Youth Shooting Sports Association, Redlands California Youth Clay Shooting Sports, California Rifle & Pistol Association, CRPA Foundation, Gun Owners of California and Raymond Brown, a private citizen.
The Ninth Circuit handed down the initial ruling in September 2023. Writing for the court at that time, Circuit Judge Kenneth K. Lee stated, “This case is not about whether children can buy firearms. (They cannot under California law.) Nor is this case about whether minors can legally use firearms. (California allows minors under adult supervision to possess and use firearms for hunting, target practice, and other activities.) And this case is not about whether California has tools to combat the scourge of youth gun violence. (It does.)
“Rather,” the judge continued, “this case is about whether California can ban a truthful ad about firearms used legally by adults and minors—just because the ad “reasonably appears to be attractive to minors.” So, for example, an ad showcasing a safer hunting rifle with less recoil for minors would likely be unlawful in California. Under our First Amendment jurisprudence, states can ban truthful and lawful advertising only if it “materially” and “directly” advances a substantial government interest and is no more extensive than necessary. California likely cannot meet this high bar.”
“It seems like forever since the 9th Circuit has refused to hear a gun case en banc,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Hopefully, this is a new trend.”
SAF attorney Donald Kilmer noted, “This means that our win before the three-judge panel will become the case law on this issue in the Ninth Circuit. It means the trial court’s denial of a preliminary injunction remains reversed and that court will be required to enter a preliminary injunction, preventing enforcement of this law while the case proceeds to final judgment.”
SAF Executive Director Adam Kraut said the court’s decision is a victory for the First Amendment as well as the Second.
“The state was determined to regulate the First Amendment as well as the Second,” Kraut stated, “and we prevented California from continuing to enact unconstitutional laws. We’re pleased the 9th Circuit has decided to leave the panel’s decision undisturbed.”
This is a ground-breaking First Amendment case, which defends the right of Junior Sports Magazine and other periodicals to publish Second Amendment-related material in California.
