Explore The NRA Universe Of Websites

APPEARS IN News

California Targets First and Second Amendments with Advertising Ban

Monday, July 11, 2022

California Targets First and Second Amendments with Advertising Ban

Anti-gun politicians hate civilian gun ownership so much, theyre willing to do away with the First Amendment just to get at the Second. Such is the case with New Yorks new speech-based restrictions on the Right-to-Carry. Just as troubling is Californias AB2571, which purports to ban all firearms-related advertising that a minor (those under the age of 18) might find attractive.

Signed into law by Gov. Gavin Newsom (D) on June 30, AB2571 provides,

A firearm industry member shall not advertise, market, or arrange for placement of an advertising or marketing communication concerning any firearm-related product in a manner that… reasonably appears to be attractive to minors.

Note that the advertisement need not be aimed at minors. The item only needs to appear to be attractive to minors” in order to trigger the ban.

The legislative text goes on to list some examples of what would constitute prohibited marketing. However, the statute makes clear that the prohibited advertising is not limited to” these examples. This means that there is no way to determine what a given California court might find as appear[ing] to be attractive to minors,” and thus banned.

Of course, a great deal of advertising is attractive to both adults and minors. A young shooter or hunter might value the same characteristics in a firearm-related product (accuracy, reliability, ease of use) that would attract an adult buyer. Therefore, the legislation invites endless litigation over the contours of the prohibition.

According to the statute, an advertisement is explicitly prohibited when it:

Offers firearm-related products in sizes, colors, or designs that are specifically designed to be used by, or appeal to, minors.

Uses images or depictions of minors in advertising and marketing materials to depict the use of firearm-related products.

Note that this prohibition would not only eliminate advertisements supposedly targeted at minors, but also encompasses advertisements informing parents about lawful products they might purchase to use with their children. This would include a ban on advertisements for youth versions and sizes of common sporting rifles, shotguns, and stocks and could be read to include advertisements involving size-adjustable stocks and other accessories.

Moreover, the law bans any depiction of a minor in firearm-related marketing materials - no matter the context. As a love for the shooting and outdoor sports is often passed down generation to generation, wholesome family-centric shooting and hunting imagery has long been a staple of firearms advertising. Such artistic representations of the shooting sports are prohibited under this legislation.

A firearm industry member” that disobeys Californias speech restrictions is subject to a penalty of up to $25,000 per violation. The legislation makes clear that Each copy or republication of marketing or advertising prohibited by this section shall be deemed a separate violation.” The bill also invites attorneys to inundate the firearm industry with lawsuits by creating a private right of action against offenders and offering those who prevail attorneys fees.

Given Californias political posture in the wake of the U.S. Supreme Courts landmark NYSRPA v. Bruen decision and the expansive scope of AB2571s ill-defined speech restrictions, its likely the laws draftersintent has no relation to their purported goal of protecting children. Rather, the legislation is written in a manner so broad as to attempt to eliminate firearm-related advertising in the Golden State and, in turn, pro-Second Amendment publications that rely on firearm advertising for revenue. The bill supportersover-arching goal is to stifle their opponentspolitical speech.

However, even if AB2571s draftersmotives are taken at face value, the legislation violates the First Amendment because it is overbroad, is a content-based restriction on speech, and, even if analyzed as covering purely commercial speech, fails to comport with the Supreme Courts existing commercial speech framework. In addition to violating the First Amendment, the law likely violates the equal protection clause. While the law would prevent members of the firearm industry from engaging in certain speech, it would not prohibit others from engaging in the same conduct.

Under the Supreme Courts test laid out in the Bruen case, the law also violates the Second Amendment. Justice Thomasmajority opinion makes clear that the burden is on the state to defend any restriction on the right to arms by showing that the regulation is of a type or analogous to a restriction that has historically existed on the right since the founding. Such broad bans on advertising of Second Amendment-protected services and products clearly have no historical analogue.

There are already multiple challenges to AB2571 under way. Please check back to www.nraila.org for more updates on this law and any litigation challenging it.

TRENDING NOW
One Big Beautiful Bill Clears Senate, and Heads Back to House

News  

Tuesday, July 1, 2025

One Big Beautiful Bill Clears Senate, and Heads Back to House

Earlier today the U.S. Senate passed the “One Big Beautiful Bill.” This bill contained a provision that would, among other things, eliminate the burdensome $200 excise tax imposed by federal law on suppressors, short-barreled firearms, and “any ...

Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

News  

Thursday, July 3, 2025

Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

Earlier today the U.S. House of Representatives passed the “One Big Beautiful Bill.” This bill contained a provision that would, among other things, eliminate the burdensome $200 excise tax imposed by federal law on suppressors, short-barreled firearms, ...

U.S. House Sends Reconciliation Bill to President Trump

News  

Second Amendment  

Thursday, July 3, 2025

U.S. House Sends Reconciliation Bill to President Trump

NFA Tax on Suppressors, Short-Barreled Firearms, and Other Arms Reduced to $0

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

U.S. Senate Adds Pro-Gun Tax Relief Language Back into Reconciliation Bill

News  

Saturday, June 28, 2025

U.S. Senate Adds Pro-Gun Tax Relief Language Back into Reconciliation Bill

Overnight, the U.S. Senate added pro-gun tax relief language back into the Reconciliation bill after the Senate Parliamentarian struck out an earlier provision.  While this new provision is not as expansive as the language we advocated for which ...

Armed Churchgoers Prevent Mass Attack as State Lawmakers Plot More Gun Control

News  

Monday, June 30, 2025

Armed Churchgoers Prevent Mass Attack as State Lawmakers Plot More Gun Control

Just over an hour away from the state capitol in Lansing, Michigan – even as lawmakers worked feverishly to pass various gun control measures, including expansion of “gun free” zones – a chilling reminder unfolded of the ...

Canada’s Big Ugly Gun Grab: An Update

News  

Monday, June 30, 2025

Canada’s Big Ugly Gun Grab: An Update

Canada’s Liberal government is pressing on with its harebrained gun ban and confiscation program for “assault style weapons,” but, true to form and precedents, it has been far from smooth sailing.

North Carolina: Update on Gun Bills Moving through the General Assembly

Tuesday, June 24, 2025

North Carolina: Update on Gun Bills Moving through the General Assembly

Recently, House Bill 193 (H193) was reported favorably out of both the Senate Judiciary Committee and the Senate Rules Committee, with amendments.

Urge the U.S. Senate to Pass the One Big Beautiful Bill – Contact Your U.S. Senators Today!

News  

Monday, June 30, 2025

Urge the U.S. Senate to Pass the One Big Beautiful Bill – Contact Your U.S. Senators Today!

The U.S. Senate has cleared a number of procedural hurdles and is preparing to vote on the One Big Beautiful Bill. This vote will likely come within the next day. The One Big Beautiful Bill includes ...

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.