A federal appeals court on Wednesday opened the way to block a California law that bans gun ads aimed at children, saying it went too far in restricting lawful speech.
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Sporting and gun rights groups and the publisher of a youth shooting magazine had sought an injunction to temporarily stop the law from taking effect, arguing that it blocked the marketing of legal gun events and recruitment for safe and responsible youth sport-shooting and hunting programs.
A lower court denied that request. But on Wednesday a three-member panel of the Ninth U.S. Circuit Court of Appeals reversed that decision.
That sends the issue back to the lower court for reconsideration.
The measure was signed into law last year. It bars marketing of firearm-related products “in a manner that is designed, intended, or reasonably appears to be attractive to minors.”
In its ruling, the appellate court said the law was likely to violate the First Amendment right to free speech and “does not directly and materially advance California’s substantial interests in reducing gun violence and the unlawful use of firearms by minors.”
“There was no evidence in the record that a minor in California has ever unlawfully bought a gun, let alone because of an ad,” the opinion’s summary said.
Gov. Gavin Newsom condemned the ruling, citing advertising by a gun-maker that sells a version an AR-15 style rifle that is smaller and lighter and advertised as being “geared toward smaller enthusiasts.”
“The court is fighting to protect marketing weapons of war to children,” Newsom said in a statement. “It is pure insanity.”
Newsom said he and Attorney General Rob Bonta are looking at options for challenging the ruling.
The law was one of several gun control measures passed by the Democratic-controlled state Legislature last year after the conservative-majority U.S. Supreme Court ruled that Americans have a right to carry firearms in public for self-defense — a major expansion of gun rights.
The bottom line is Democrats and their like have little understanding of the criminal mind.
It is like the ammunition tax….make it too expensive…. Those idiots will only make it too expensive for law abiding people. The criminals will steal what they need to buy ammo and the ammo will be on the black market.
So there goes that argument.
Ghost guns have already end run the Democrats and Socialist who would ban all guns. The smuggling of guns and ammo will be the outcome. It is becoming obvious to any rational person anyone who calls themselves Democrat or votes for them are more then a few points shy of a 90 IQ.
Well, we keep saying we need to emulate Europe on many issues. Why not Switzerland on gun laws, training and low crime. Paste the link in to your browser
https://www.businessinsider.com/switzerland-gun-laws-rates-of-gun-deaths-2018-2#switzerland-is-obsessed-with-getting-shooting-right-every-year-it-holds-a-shooting-contest-for-kids-aged-13-to-17-1
They train people and have strict laws it seems to work for them.
Just another Marxist back door attempt to disarm America. It must be all those pre school mass shootings we have been suffering through?
Switzerland is a great example of what happens when you make responsible gun ownership a national thing of pride. Low crime because everybody is trained to know the difference between a bad guy with a gun and a good guy with a gun and what to do about it.
IRS agents armed to the teeth. What kind of government “gun measure” is that? Must be all those upset taxpayers shooting for better deductions.
Kalifornia’s Toothy Oilslick-in-chief continues his trampling thru our vintage as he believes he knows best for everyone, all the time. I thought Kalifornians had some independence. Look carefully, Little Lord Flaunt-my-teeth has his oily hands on every freedom you used to enjoy. He used the Chinese Batt Clapp to take away dozens of freedoms, and now just cant stop himself. He was born with a silver spoon in his dorsal posterior orifice and sees Kalifornians as dirty little schmucks that have to be ruled….and he’s going to do it.