07/07/2025

In a major legal victory for both the First and Second Amendments, the Ninth Circuit Court of Appeals has delivered a decisive blow to California's attempt to suppress youth firearms education and communication. In a case that directly affects the future of shooting sports and responsible gun ownership, the court has ruled that California’s censorship law—Section 22949.80 of the Business and Professions Code—is entirely unconstitutional.

The Law: A Backdoor Ban on Gun Culture

The origins of this case trace back to Assembly Bill 2571, which was later modified by AB 160. These bills combined to create a law that banned marketing or communication deemed “attractive to minors” if it involved firearms. This included:

  • Gun safety education
  • Youth hunting programs
  • Junior shooting competitions
  • Newsletter subscriptions or magazine mailings
  • Any use of a minor’s contact information for firearms-related outreach

California's justification? Protecting minors. But in practice, this law targeted the very culture of responsible gun ownership passed down through generations.

The Legal Challenge

Organizations including Junior Sports Magazines, Inc., the California Rifle and Pistol Association (CRPA), the Second Amendment Foundation, and Gun Owners of California filed suit against California Attorney General Rob Bonta, arguing the law violated the First Amendment’s protection of lawful, non-misleading commercial speech.

Over a year ago, the Ninth Circuit agreed in part, blocking subsection A of the law. However, subsection B—which prohibited using a minor’s contact information in firearms-related communications—remained in effect.

That changed July 7, 2025, when the Ninth Circuit reversed the lower court and ruled that the entire law must be blocked.

Why the Court Ruled This Way

The court’s opinion leaned heavily on major First Amendment precedents:

  • Central Hudson: The gold standard for evaluating regulations on commercial speech. The court found the law failed to pass this test.
  • Sorrell v. IMS Health: Reinforced that states cannot restrict speech just because they disagree with the message.
  • Moody v. NetChoice (2024): Reiterated that viewpoint-based speech restrictions disguised as neutral regulations are unconstitutional.

The court noted that California failed to prove that the law directly and materially advanced a legitimate goal. Since minors can already legally participate in hunting and shooting sports, the sweeping ban on advertising and communication was seen as overbroad and politically motivated.

The Real Target: Gun Culture

Let’s be clear: this wasn’t about safety or privacy—it was about eroding the culture of firearms ownership by cutting off youth involvement. Unable to ban hunting or basic firearms training, California attempted to silence speech and information that connects the next generation to the shooting sports.

Fortunately, the Ninth Circuit recognized the tactic and ruled accordingly:

“You cannot weaponize privacy laws to shut down speech you don’t like.”

What This Ruling Means

  • Youth shooting programs can now operate and advertise freely in California.
  • Publications like Junior Shooters can resume full circulation without fear of legal repercussions.
  • Second Amendment organizations can once again communicate with young audiences without facing $25,000 fines per violation.
  • Most importantly, the ruling sends a strong message: states cannot use indirect methods to dismantle constitutionally protected rights.

A Win for the Next Generation

This case might have been fought in the name of the First Amendment, but its impact is felt deeply in the Second Amendment community. The Ninth Circuit’s decision reaffirms that freedom of speech protects the future of gun rights, and that censorship disguised as “safety” won’t stand under constitutional scrutiny.

Attorney General Rob Bonta and others pushing these types of laws have suffered a clear loss. And while the fight isn’t over, this is a major milestone proving that when we push back through the courts, we can and do win.

Stay engaged, stay informed, and never stop defending our rights. The Constitution still matters—and today, freedom won.