California Firearm Advertising Law Is ‘Likely Unconstitutional’

Sept. 13, 2023, 8:10 PM UTC

California likely can’t enforce its ban on any firearm advertisement that “reasonably appears attractive to minors” without infringing protected commercial speech, the Ninth Circuit ruled.

Several sporting and gun rights organizations asked the US Court of Appeals for the Ninth Circuit to reverse a lower court’s decision to deny their request for a preliminary injunction against the rule in California Business and Professions Code Section 22949.80. The panel granted their request Wednesday after officials presented “no evidence in the record that a minor in California has ever unlawfully bought a gun, let alone because of an ad.”

“In sum, we ...

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