Ninth Circuit Rules California Law Banning Firearms Advertisements Likely Violates the First Amendment in NRA-Backed Case.

NRA scored a legal victory in the Ninth Circuit Court of Appeals against an overbroad California law that bans firearms advertisements that may be attractive to minors.

In June of 2022, the California Assembly passed and Governor Newsom signed AB-2571 into law. NRA filed suit shortly thereafter. The bill as originally drafted was so overbroad that it effectively banned advertising youth-hunter-education programs. The NRA’s lawsuit pointed that out, and the state promptly amended the statute so that it only bans advertisements of firearms products “in a manner that … reasonably appears to be attractive to minors.” But that didn’t fix the law’s overbreadth problem. It still banned advertisements featuring a parent hunting or shooting with their minor child.

The Ninth Circuit rightly recognized that the law was overbroad and banned truthful advertisements related directly to the Second Amendment—which the First Amendment forbids. The court remanded the case back to the trial court for further proceedings. The state, however, is refusing to accept the obvious. It has asked for an extension of time to seek a rehearing en banc, before 11 judges on the Ninth Circuit.

We look forward to continuing the fight in this case for our members.

The Case is captioned Safari Club International v. Bonta. United States Sportsmen’s Alliance Foundation and Congressional Sportsmen’s Foundation are also parties to the case.