The 9th U.S. Circuit Court of Appeals on Monday gave a big victory to gun rights groups, upholding its preliminary injunction against a section of the California Business and Professions Code that the plaintiffs argued was used by the state to stifle gun-related advertising in a youth magazine.
The court ruled last year that Section 22949.80 of the California Business and Professions Code that prohibits the advertising of any “firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors” violated the First Amendment.
It sent the case back to the district court, which determined a subsection dealing with advertising that “offers brand-name merchandise for minors, including, but not limited to, hats, T-shirts, or other clothing, or toys, games, or stuffed animals, that promotes a firearm industry member or firearm-related product” did not apply to the injunction.
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