• Skip to main content
  • Skip to primary sidebar
  • Advertise With Us
  • Privacy Policy
  • Terms of Use

Fierce Patriots

Conservative Political News

  • Subscribe

<![CDATA[AB 2571]]>

Youth shooting leagues suspended thanks to California gun control law

August 5, 2022 by Cam Edwards Leave a Comment

This isn’t an unforeseen consequence of one of the state’s latest gun control measures. AB 2571 was meant to destroy youth shooting sports in the state, and just a few weeks after Gov. Gavin Newsom signed the bill into law it’s already having its intended impact. Several youth shooting leagues in the state, including those affiliated with the USA Clay Target League, have suspended their operations over fears that even hosting a high school trap shoot could lead to tens of thousands of dollars in civil fines.

Over at Reason, J.D. Tuccille notes the law was billed as a measure prohibiting gun companies from marketing to minors, which in itself raises First Amendment concerns, but Second Amendment groups like the California Rifle & Pistol Association were warning that the legislation was really intended to choke off support (and even knowledge) for the right to keep and bear arms with future generations.

“California has some of the strongest gun laws in the country and it is unconscionable that we still allow advertising weapons of war to our children,” Assemblymember Rebecca Bauer-Kahan (D–Orinda) huffed in a press release when Gov. Gavin Newsom signed the measure into law on July 1.

But the actual law goes well beyond restricting targeted advertising. Its language could easily be construed to encompass youth shooting teams, firearms publications, and activist organizations. Arguably, A Christmas Story might not pass muster over young Ralphie’s hankering for a Red Ryder BB gun. That’s why legislators were warned by legal experts that their bill didn’t just tread into territory protected by the First Amendment, it stomped all over that ground.

“A gun magazine publisher, for instance—or a gun advocacy group that publishes a magazine—would likely be covered as a ‘firearm industry member,’ because it was formed to advocate for use or ownership of guns, might endorse specific products in product reviews, and might carry advertising for guns,” cautioned UCLA’s Eugene Volokh in testimony that dubbed the measure “unconstitutional.”

That’s why the publisher of Junior Shooters magazine is suing the state of California over AB 2571, along with several youth shooting clubs and 2A groups including CRPA, Gun Owners of California, and the Second Amendment Foundation. This should be a legal slam dunk, even in California, but Tuccille warns that we’re likely to see more of these unconstitutional intrusions as the gun control lobby lashes out in response to the Bruen decision recently delivered by the Supreme Court.

Wounded animals are dangerous, of course, and that’s what anti-gun authoritarians resemble at the moment. With dwindling means to impose their will, and their prey escaping their grasp, anti-gunners are lashing out at more people and freedoms than ever before. They’re going down to defeat, but they’ll take some victims with them.

That’s a pretty solid analogy, though I’m not as sanguine as Tuccille is about the “dwindling means” of anti-gun activists. For one thing, they have deep pockets and plenty of resources, including their own in-house law firms at organizations like Everytown for Gun Safety and Giffords. They might not have the law on their side, but they have lots of lawyers who can drag out these legal battles over our Second (and First) Amendment rights. They have anti-gun politicians who are fine with ignoring the Constitution and the rulings from the Supreme Court, and they have a plethora of allies in the media who will happily repeat their anti-2A talking points to influence the court of public opinion.

I do believe that five years from now our Second Amendment rights are going to be stronger and more secure than they are now, but Tuccille is right that there will be victims between now and then. We’re not just talking about teens forced to give up their sport because of the hoplophobia of California politicians either, as bad as that is. The goal of the gun control lobby is to restrict the right to keep and bear arms as much as they possibly can, and in anti-gun states where their ideology holds sway there are undoubtably going to be some law-abiding citizens who need to exercise their right to armed self-defense but will be unable to do so because of the bureaucratic red tape and unconstitutional infringements erected in the name of “commonsense” gun control.

Filed Under: <![CDATA[AB 2571]]>, <![CDATA[California]]>, <![CDATA[Gun Control]]>, <![CDATA[Gun Owners]]>, <![CDATA[Guns]]>, <![CDATA[lawsuit]]>, <![CDATA[Video]]>, <![CDATA[Youth shooting sports]]>, Bearing Arms, News

2A groups file federal lawsuit to stop California's attack on youth shooting sports

July 8, 2022 by Cam Edwards Leave a Comment

One week ago California Gov. Gavin Newsom signed AB 2571 into law. The bill ostensibly is aimed at prohibiting gun companies “from advertising or marketing any firearm-related product, as defined, in a manner that is designed, intended, or reasonably appears to be attractive to minors,” but according to several gun rights groups including the California Rifle & Pistol Association, Second Amendment Foundation, and Gun Owners of California the bill will cripple youth shooting sports programs in the state.

That’s why they’ve filed a challenge to the new law in federal court, arguing that Newsom’s new law has got to go; not on Second Amendment grounds, but for violating the First Amendment.

The First Amendment fully protects pure political, ideological, and educational speech. Content- and viewpoint-based restrictions on such speech are especially repugnant to the People’s right to free speech. Indeed, “above all else, the First Amendment means that the government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.”

The First Amendment also protects non-misleading commercial speech promoting lawful products or services. That protection is at its highest when the products or services are themselves independently protected by other fundamental rights. And the sale of firearms, ammunition, and firearm parts and accessories is not only legal, but also constitutionally protected by the Second Amendment.

Section 22949.80 imposes a content- and speaker-based restriction on protected speech that is viewpoint discriminatory, that serves no legitimate government interest (directly or indirectly), and that is both facially overbroad and far more extensive than necessary to achieve any purported interest. It thus violates Plaintiffs’ free speech and commercial speech rights.

The First Amendment also protects the right to peaceably assemble and associate. The right to assemble often merges with the right to free expression. For “[e]ffective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association.”

… Section 22949.80 effectively curtails the rights to assemble and associate because it directly prohibits advertising, marketing, or arranging for the placement of advertising or marketing promoting various firearm-related events and programs, where Plaintiffs peaceably and lawfully assemble and associate with each other and members of the public. It also impermissibly restricts pro-gun (but not anti-gun) organizations from promoting membership in or financial support of their organizations in ways that might be deemed “attractive to minors.”

… What’s more, AB 2571 (codified as § 22949.80), clearly violates wellestablished free speech precedents of the U.S. Supreme Court, making the law frivolous on its face. This may very well have the effect of forcing the California Attorney General’s office to defend this statute by making legal contentions that are not warranted by existing law, or even abandoning the defense and enforcement of this statute altogether

One of the plaintiffs in the case is the publisher Junior Sports Magazines, which produces a magazine called Junior Shooters that, according to the complaint, “answers questions young and beginner shooters have about firearm safety, guns and gear, protective gear, and more. The magazine also provides information on how to get started in the shooting sports, shooting events, youth shooting organizations and clubs, as well as scholarships available to youth shooters.”

Clearly that periodical would run afoul of California’s new law, given that’s intention is to promote the youth shooting sports. It’s hard to do that without making it appealing, or without talking about specific firearms and other gear that youth getting into the shooting sports might need. Yet, under Newsom’s law every copy of Junior Shooters sold or even discovered in the state of California would make Junior Sports Magazines eligible for a $25,000 fine and would open the company up to lawsuits from private parties.

If it’s that bad for publications, you can imagine the impact the new law will have on the existing shooting programs for youth across the state. And yet, the complaint notes that, while the stated intention behind the legislation is to protect children from being exposed to firearms marketing, the state carved out a massive exemption for the entertainment industry.

AB 2571 defines “firearm industry members” in two ways: (A) A person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale, or retail sale of firearm-related products. (B) A person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association formed for the express purpose of promoting, encouraging, or advocating for the purchase, use, or ownership of firearm-related products that does one of the following: (i) Advertises firearm-related products. (ii) Advertises events where firearm-related products are sold or used. (iii) Endorses specific firearm-related products. (iv) Sponsors or otherwise promotes events at which firearm-related products are sold or used.

AB 2571 thus does not bar members of the (politically popular) book, movie, television, and video game industries from “advertising, marketing, or arranging for the placement of an advertising or marketing communication concerning any firearm-related product” even though the author of AB 2571 expressly identifies the “slick advertising” of such products in children’s books, cartoons, and video games as sources of “shameless” advertising of “weapons” to children.

AB 2571 does, however, apply to (politically unpopular) organizations formed to promote and preserve the Second Amendment rights to keep and bear arms, organizations that offer competitive and recreational shooting programs, businesses that offer shooting skills courses and/or firearm-safety training, and gun show promoters, as well as firearms manufacturers and retailers.

Honestly, California lawmakers banning Grant Theft Auto V would be just as much a violation of the First Amendment as banning Junior Shooters or any other marketing material that could be deemed to be enticing to youth (which, by the way, could include everything from firearm-branded t-shirts and hats to company logos at sponsored shooting sports events). But the fact that California Democrats seem to be targeting youth shooting sports specifically, if not explicitly, is evidence that this new law isn’t about reducing firearm access to youth. It’s about trying to turn a rising generation against their right to keep and bear arms.

Chuck Michel, head of the California Rifle & Pistol Association, told Bearing Arms shortly after the lawsuit was filed that “Gavin Newsom has made no secret of his intention to murder the freedom loving ‘gun culture’ by stopping gun shows, zoning out ranges and gun stores, banning guns, and making it impossible to exercise your rights,” adding, “this is part of the effort; to make this generation of gun owners the last.”

Given the amount of new gun control laws signed by Newsom in recent days, we may very well see additional court challenges in short order. This is a great start, however, and I hope the courts will swiftly step in and reject California’s stifling of our First Amendment rights in pursuit of its anti-Second Amendment agenda.

Filed Under: <![CDATA[AB 2571]]>, <![CDATA[California Rifle &amp; Pistol Association]]>, <![CDATA[California]]>, <![CDATA[firearms marketing]]>, <![CDATA[Gavin Newsom]]>, <![CDATA[gun companies]]>, <![CDATA[Gun Owners of California]]>, <![CDATA[SAF]]>, <![CDATA[Second Amendment Foundation]]>, <![CDATA[Second Amendment]]>, <![CDATA[Video]]>, <![CDATA[Youth shooting sports]]>, Bearing Arms, News

Primary Sidebar

Sunday 'Toon: BREAKING HEADLINE: Biden Has Beaten COVID Again and… Again

August 7, 2022 | Jim Thompson | Leave a Comment

The White House announced that, finally, Joe has beaten back COVID. Again. I think this was his 12th rebound from being COVID negative. For the media … Read More... about Sunday 'Toon: BREAKING HEADLINE: Biden Has Beaten COVID Again and… Again

Turley Proposes Red State Alliance Against Blue State Boycotts

August 7, 2022 | Joel B. Pollak | Leave a Comment

… Read More... about Turley Proposes Red State Alliance Against Blue State Boycotts

Water Weight in the Sausage: Inflation Act Drought Amendment Trickles Down Western Resident's Rights and Money

August 7, 2022 | Brittany Sheehan | Leave a Comment

The Partisan Playbook AP Photo/J. Scott Applewhite The Senate is working overtime this weekend to pass the $433 billion spending bill known as the … Read More... about Water Weight in the Sausage: Inflation Act Drought Amendment Trickles Down Western Resident's Rights and Money

Russians Commence Assault on Two Eastern Ukrainian Cities

August 7, 2022 | Breitbart London | Leave a Comment

… Read More... about Russians Commence Assault on Two Eastern Ukrainian Cities

Billionaires, Hollywood Celebrities Join Call to End Public Plane Tracking After ‘Climate Criminal’ Backlash

August 7, 2022 | Simon Kent | Leave a Comment

… Read More... about Billionaires, Hollywood Celebrities Join Call to End Public Plane Tracking After ‘Climate Criminal’ Backlash

Sign Up For The Fierce Patriot Newsletter

Follow on Instagram

Charles Payne and others expose hidden problems with 'booming' jobs report, Peter Doocy presses White House about disappointing economic statistic

August 6, 2022 | Paul Sacca | Leave a Comment

The Bureau of Labor Statistics released the July jobs report on Friday – which massively surpassed … Read More... about Charles Payne and others expose hidden problems with 'booming' jobs report, Peter Doocy presses White House about disappointing economic statistic

Donald Trump: Next President Must ‘Remove Rogue Bureaucrats and Root out the Deep State’

August 6, 2022 | Jordan Dixon-Hamilton | Leave a Comment

… Read More... about Donald Trump: Next President Must ‘Remove Rogue Bureaucrats and Root out the Deep State’

Report: Former CNN Anchor Felicia Taylor Arrested After Alleged Hit-and-Run in Florida

August 6, 2022 | Ethan Letkeman | Leave a Comment

… Read More... about Report: Former CNN Anchor Felicia Taylor Arrested After Alleged Hit-and-Run in Florida

Sheriff Joe Lombardo Blasts Nevada Gov. Steve Sisolak over ‘Anti-Cop Rhetoric’

August 6, 2022 | Jordan Dixon-Hamilton | Leave a Comment

… Read More... about Sheriff Joe Lombardo Blasts Nevada Gov. Steve Sisolak over ‘Anti-Cop Rhetoric’

WATCH: Gaza Terror Group Misfires; Rocket Lands on Palestinian House

August 6, 2022 | Deborah Brand | Leave a Comment

… Read More... about WATCH: Gaza Terror Group Misfires; Rocket Lands on Palestinian House

Report: Naked 80-Year-Old Protests a Biological Male in Her YMCA Shower, Gets Banned for Bigotry

August 6, 2022 | Alex Parker | Leave a Comment

Shower rooms have changed a bit. So have Christian associations. In Port Townsend, Washington … Read More... about Report: Naked 80-Year-Old Protests a Biological Male in Her YMCA Shower, Gets Banned for Bigotry

NY Jewish Group Pushes Jewish Students to 'Unlearn' Support for Israel

August 6, 2022 | Mike Miller | Leave a Comment

Unbelievable? Nope. Not in the least. A Jewish group at the liberal City University of New York … Read More... about NY Jewish Group Pushes Jewish Students to 'Unlearn' Support for Israel

Tulsi Gabbard lights up Kamala Harris for 'hypocrisy' of defending Brittney Griner and not Americans locked up at home for marijuana violations

August 6, 2022 | Paul Sacca | Leave a Comment

Former Democratic presidential candidate Tulsi Gabbard blasted Vice President Kamala Harris … Read More... about Tulsi Gabbard lights up Kamala Harris for 'hypocrisy' of defending Brittney Griner and not Americans locked up at home for marijuana violations

Tulsi Gabbard Shreds Kamala Harris Over Hypocritical Position on Brittney Griner

August 6, 2022 | Bob Hoge | Leave a Comment

Former Hawaii Democrat congresswoman Tulsi Gabbard, who, in one of the greatest presidential debate … Read More... about Tulsi Gabbard Shreds Kamala Harris Over Hypocritical Position on Brittney Griner

Exclusive—Florida Republican Brady Duke: 'Biden's Been Wrong on Every Major Foreign Policy and National Security Issue'

August 6, 2022 | Jacob Bliss | Leave a Comment

… Read More... about Exclusive—Florida Republican Brady Duke: 'Biden's Been Wrong on Every Major Foreign Policy and National Security Issue'

John Harwood Shills for Inflation Reduction Act Without Mentioning Inflation

August 6, 2022 | Joe Cunningham | Leave a Comment

John Harwood, the Democratic representative from CNN, is attacking Marco Rubio for calling the … Read More... about John Harwood Shills for Inflation Reduction Act Without Mentioning Inflation

Exclusive — Gen. Don Bolduc: New Hampshire Needs ‘An Outsider Who’s Not Bought and Paid For’

August 6, 2022 | Jordan Dixon-Hamilton | Leave a Comment

… Read More... about Exclusive — Gen. Don Bolduc: New Hampshire Needs ‘An Outsider Who’s Not Bought and Paid For’

Copyright © 2022 — FiercePatriots.com • All rights reserved. • Privacy Policy • Terms of Use • Sitemap