9th Circuit Rules Challenge to California AB 2571 Can Proceed
In June 2022 the Democrats in the California legislature passed an insane piece of Legislation, AB 2571, which imposed massive fines for any communication about the shooting sports or firearms which might be “attractive to minors”. This poorly-drafted and blatantly unconstitutional piece of legislation was happily signed by California Governor Gavin Newsom. As predicted, AB 2571 had an immediate and devastating effect on California youth firearms training and sports programs.
READ Ninth Circuit AB 2571 Case Order and Opinion HERE »
Thankfully, AB 2571 (as codified in California Business and Professions Code §22949.80) has been challenged in the courts. We are pleased to note that the Federal Ninth Circuit Court of Appeals has examined AB 2571 and found that it is likely unconstitutional in many ways. The 9th Circuit then sent the case back to the District Court where the plaintiffs will pursue an injunction to block application of this horrendous, ill-conceived statute. The Ninth Circuit specifically held that AB 2571 attacked constitutionally-protected commercial speech:
“California’s advertising restriction likely imposes an unconstitutional burden on protected speech. The state has made no showing that broadly prohibiting certain truthful firearm-related advertising is sufficiently tailored to significantly advance the state’s goals of preventing gun violence and