California Targets First and Second
Amendments with Advertising Ban

By NRA-ILA. July 11, 2022

Anti-gun politicians hate civilian gun ownership so much, they’re willing to do away with the First Amendment just to get at the Second. Such is the case with New York’s new speech-based restrictions on the Right-to-Carry. Just as troubling is California’s AB2571, which purports to ban all firearms-related advertising that a minor (those under the age of 18) might find attractive.

Signed into law by Gov. Gavin Newsom (D) on June 30, AB2571 provides,

A firearm industry member shall not advertise, market, or arrange for placement of an advertising or marketing communication concerning any firearm-related product in a manner that… reasonably appears to be attractive to minors.

Note that the advertisement need not be aimed at minors. The item only needs to “appear to be attractive to minors” in order to trigger the ban.

The legislative text goes on to list some examples of what would constitute prohibited marketing. However, the statute makes clear that the prohibited advertising is “not limited to” these examples. This means that there is no way to determine what a given California court might find as “appear[ing] to be attractive to minors,” and thus banned.

Of course, a great deal of advertising is attractive to both adults and minors. A young shooter or hunter might value the same characteristics in a firearm-related product (accuracy, reliability, ease of use) that would attract an adult buyer. Therefore, the legislation invites endless litigation over the contours of the prohibition. .....

Here is (yet) another example following the Bruen case, where 2A 'infringements by any means' are being implemented. It is to be hoped that challenges here and also against NY, NJ and DE can be quickly successful and restore normal rights.
"Such broad bans on advertising of Second Amendment-protected services and products clearly have no historical analogue."


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