9th Circuit Deals Newsom a Loss on Firearms Marketing Decision

A three-judge panel from the Ninth Circuit ruled Sept. 13 that the district court erred by not granting a preliminary injunction blocking the law, AB 2571, which prohibits firearms marketing that is “designed, intended, or reasonably appears to be attractive to minors.” Democratic Gov. Gavin Newsom of California signed AB2571 into law in 2022.

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“Judges Lee and VanDyke voted to deny the petition for rehearing en banc. Judge Smith recommended denying the petition for rehearing en banc,”. “The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc,” the Tuesday ruling said. “The petition for rehearing en banc is DENIED.”

Ed Morrissey

Eugene Volokh wrote about the case in September and republished his analysis of the decision by the three-judge panel. It's a dumb law that purports to ban ads that appeal to minors, even though minors can't actually buy firearms. This isn't a pack of cigarettes. 

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