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Tuesday, April 23, 2024

Lawsuit: Calif. law over marketing of firearms to minors is unconstitutional

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SACRAMENTO, Calif. (Legal Newsline) - Members of the firearms industry have sued the state of California over legislation that forbids them from marketing that appeals to teenagers.

So Cal Top Guns, Safari Club International, the United States Sportsmen's Alliance Foundation and the Congressional Sportsmen's Foundation filed a lawsuit Aug. 5 in Sacramento federal court, asking a judge there to find Assembly Bill 2571 violates the U.S. Constitution.

The bill brought a measure into law that prevents industry members from advertising any firearms product in a manner that is "designed, intended or reasonably appears to be attractive to minors."

"Section 22949.80 imposes unconstitutional content- and speaker-based restrictions on protected speech that, in practice, are viewpoint-discriminatory and heavily burden the rights of 'firearm industry members' to advertise accurate information about programs promoting the use of firearms and firearm-related services, such as instruction and education," the suit says.

"Furthermore, because law-abiding young adults have a right to bear arms and maintain proficiency in their use—rights guaranteed by the Second Amendment—the First Amendment prevents California from enforcing Section 22949.80’s ban on advertising firearm-related products to minors."

The plaintiffs are represented by lawyers at Snell & Wilmer.

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