BELLEVUE, WA – The Second Amendment Foundation is cheering the decision by a 9th Circuit Court panel to deny the State of California an en banc hearing in a case known as Junior Sports Magazines, Inc. v. Bonta, in which the state tried to prohibit firearm advertising which it claims, “reasonably appears to be attractive to minors.”
SAF is joined in the case by Junior Sports Magazines, the California Youth Shooting Sports Association, Redlands California Youth Clay Shooting Sports, California Rifle & Pistol Association, CRPA Foundation, Gun Owners of California and Raymond Brown, a private citizen.
“It seems like forever since the 9th Circuit has refused to hear a gun case en banc,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Hopefully, this is a new trend.”
SAF attorney Donald Kilmer noted, “This means that our win before the three-judge panel will become the case law on this issue in the Ninth Circuit. It means the trial court’s denial of a preliminary injunction remains reversed and that court will be required to enter a preliminary injunction, preventing enforcement of this law while the case proceeds to final judgment.”
SAF Executive Director Adam Kraut said the court’s decision is a victory for the First Amendment as well as the Second.
“The state was determined to regulate the First Amendment as well as the Second,” Kraut stated, “and we prevented California from continuing to enact unconstitutional laws. We’re pleased the 9th Circuit has decided to leave the panel’s decision undisturbed.”
This is a ground-breaking First Amendment case, which defends the right of Junior Sports Magazine and other periodicals to publish Second Amendment-related material in California.