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2A Newsletter: Week of September 15th thumbnail image

2A Newsletter: Week of September 15th

80 Percent Arms   |   Sep 14th 2023

Photo Source: BreizhAto via Shutterstock

9th U.S. Circuit Court of Appeals Upholds First and Second Amendment Rights Against California's Gun Ad Restrictions

The recent decision by the 9th U.S. Circuit Court of Appeals is a notable stand for the rights of publications like Junior Sports Magazines and the 2A community. California's attempt to regulate ads for gun-related products that might appeal to minors was scrutinized by the court.

In California, minors are permitted to use firearms for activities such as hunting, provided they are under adult supervision. Judge Kenneth K. Lee, representing the panel, highlighted the inconsistency, stating, “California is trying to play both sides – allowing minors to use guns under specific conditions but then attempting to restrict straightforward advertisements about those very activities.” Moreover, there's no evidence suggesting that any minor in California was influenced to purchase a gun illegally due to an advertisement.

This decision overturns a previous ruling, and the case is now set to return to the trial court for further deliberation.

California's Assembly Bill 2571, endorsed by Governor Gavin Newsom last July, aimed to closely regulate how the firearm industry advertises its products. However, the appeals court emphasized that while the safety of children and communities is paramount, it shouldn't come at the expense of the rights of law-abiding citizens.

Caught in this legislative crossfire was Junior Sports Magazines, the publisher of the youth-focused "Junior Shooters." Due to the law, they paused their magazine distributions to California and even added warnings on their website. However, they proactively challenged the law in court.

Supporting them in this legal endeavor were prominent entities from the gun community, including the California Rifle and Pistol Association and the Second Amendment Foundation.

The panel, comprising Judges N. Randy Smith, Lawrence VanDyke, and Kenneth K. Lee, delivered a decision that seems rooted in common sense and respect for constitutional rights. VanDyke further emphasized the importance of being cautious about laws that aim to suppress certain perspectives.

Photo Source: Mark Reinstein via Shutterstock

Congressional Democrats Overreach with Gun Control Push: A Concern for 2A Advocates

Over 60 Congressional Democrats are pressing President Joe Biden to use executive power to address gun violence. They've penned a letter, suggesting a slew of actions that, while framed as making firearm purchases safer, could infringe on the rights of law-abiding gun owners. The intent to bypass Congress's traditional checks and balances is concerning, especially given the deep-rooted respect many Americans have for the Second Amendment.

While no one denies the tragic nature of mass shootings, the solution isn't as simple as restricting gun rights. The letter, endorsed by Democrats like Senate Majority Leader Chuck Schumer and Dick Durbin, proposes influencing gun manufacturers through the federal government's purchasing power. They're hinting at measures like limiting the sale of military-grade weapons to civilians and mandating exhaustive background checks.

But here's a perspective: instead of blaming inanimate objects, why not dig deeper to address the underlying causes of violence? The letter also critiques the "sporting purposes" exception for importing firearms and takes issue with advertisements promoting the safety benefits of gun ownership.

The Biden administration is currently reviewing the letter. While the White House has repeatedly expressed commitment to addressing gun violence, it's crucial to ensure that any action they take respects our rights enshrined in the Second Amendment.

Last year's attempt to pass The Assault Weapons Ban Act, which sought to ban certain semi-automatic weapons, didn't make it past the Senate. And while some lawmakers are eager for Biden to take more executive actions, one must ask: are these truly in line with the spirit of the Second Amendment?

It's essential that any actions taken respect and uphold the rights of responsible gun owners and the cherished principles of the Second Amendment.

Photo Source: Sinart Creative via Shutterstock

California Legislature Advances Concealed Carry and Gun Tax Bills to Governor Newsom for Approval

California’s state legislature has passed two bills that could potentially infringe on the rights of law-abiding gun owners.

Senate Bill 2 (SB 2) is a reaction to the Supreme Court's decision in New York State Rifle and Pistol Association v. Bruen. This bill seeks to tighten the noose on California's process for obtaining concealed carry permits. It suggests raising the minimum age for a carry permit from 18 to 21, imposing a hefty 16-hour firearms training requirement, and broadening the list of "sensitive places" where carrying is off-limits. While Governor Gavin Newsom champions the bill as a safety measure, many see it as an unnecessary restriction on responsible gun owners.

Then there's Assembly Bill 28, which proposes an additional 11% state tax on all gun and ammunition sales, stacking on top of the existing 11% federal excise tax. While the stated intent is to fund "gun violence prevention" programs, it's hard not to see this as a double penalty on those exercising their Second Amendment rights.

Sam Paredes, Executive Director of Gun Owners of California, isn't staying silent. He's voiced significant concerns about SB 2's potential unconstitutionality, especially when similar measures in other states have been struck down. The organization is gearing up to challenge SB 2 if it becomes law.

Both bills now sit with Governor Newsom, who has until October 14th to make a decision. It's worth noting that legislative decisions in states like California often set a precedent. If these bills are signed into law, it could encourage other states to introduce similar measures. The ripple effect of such legislation could reshape the national conversation around Second Amendment rights and potentially lead to a patchwork of gun laws across the country, making it challenging for law-abiding gun owners to navigate their rights from one state to another. It underscores the importance of staying informed and engaged in the legislative process, not just in one's home state but nationwide.

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