US Appeals Court Blocks California Gun Ad Ban Citing Free Speech
A court of appeals in the United States has blocked a recent California gun ban. On Wednesday, the court passed a ruling that stops a California law that bans an ad on gun sales.
California State Law banned this gun advertisement, which was making guns seem attractive to minors. Keeping in mind that gun violence in the United States has been on the Rise lately, the state took this step.
The ban was an initiative to reduce gun violence and the unlawful use of firearms.
This decision came from the United States 9th Circuit Court of Appeals. The First Amendment to the United States Constitution guarantees free speech to all its citizens. The San Francisco-based Court found that the ban could be a violation of free speech. Groups who enjoy hunting, sports, and shooting activities could protest that this law violated their First Amendment rights.
The court blocked this law pending the outcome of the case. This ruling reversed the January ruling, which stated that the law could regulate commercial speech. The earlier ruling came from a federal judge in Sacramento who held that gun enthusiasts were unlikely to succeed in the case.
The 9th Circuit Court of Appeals said that California State Law allows minors to possess and use guns when under adult supervision. Therefore, this State Law cannot be a means for justifying the curbing of unlawful use of firearms.
The Attorney General of California has not delivered an official statement on the ruling yet. However, legal representatives of the California Rifle and Pistol Association have welcomed the decision.
“This is another example of legislative overreach and the politicians’ willingness to trample on constitutional rights,” says Chuck Michel, the president of the California Rifle & Pistol Association. He also happens to be a lawyer.
A Democrat Governor, Gavin Newsom, had brought this measure into law last year. He had stated the need for new legislation “as the (U.S.) Supreme Court rolls back important gun safety protections.”
The office of the governor had banned the advertisement from the gun manufacturer Wee 1 Tactical. The AR-15 ad was apparently meant for kids, too.
California state had passed the ban right after the conservative-majority U.S. Supreme Court delivered a ruling on gun rights. The order said the U.S. law protected a person’s right to carry a handgun publicly for self-defense (under the U.S. Constitution’s Second Amendment).