Legal Alert: Injunction Filed to Stop AB 2571
July 19, 2022 – The California Rifle & Pistol Association (CRPA), working together with Gun Owners of California (GOC), the Second Amendment Foundation (SAF) and several individual plaintiffs filed a request for a preliminary injunction in our lawsuit challenging Assembly Bill 2571. The law bans the marketing of firearms and related products and events to youth and would essentially stop youth shooting sports and hunting in the state. An injunction would immediately block the law from taking effect until a permanent injunction can be obtained from the court.
The coalition also filed a request (in this case an ex parte application) to hear the Motion for Preliminary Injunction on an expedited basis because ranges, youth shooting sports groups, various publications, clubs and retailers are being forced to cancel events and pull advertisements and remove offending products from their shelves. You can see the filings here and here.
Specifically, AB 2571 “prohibits all advertising and marketing communication that is attractive to minors (18 years of age)” by a “firearm industry member.” That definition of who is a “firearm industry member” is extremely broad and applies to almost anyone seeking to communicate with youth about firearms and firearm-related products and events.“
Firearm industry member” means any of the following:
(A) A person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale, or retail sale of firearm-related products.
(B) A person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association formed for the express purpose of promoting, encouraging, or advocating for the purchase, use, or ownership of firearm-related products that does one of the following:
(i) Advertises firearm-related products.
(ii) Advertises events where firearm-related products are sold or used.
(iii) Endorses specific firearm-related products.
(iv) Sponsors or otherwise promotes events at which firearm-related products are sold or used.
The bill was passed as an urgency measure (even though it isn’t) , meaning it took effect immediately. So CRPA, GOC and SAF acted swiftly to stop it by filing a lawsuit against the state to stop it. The law is the darling of Gov. Gavin Newsom, who wants to eliminate the “gun culture” and sees junior shooting programs as a threat to his agenda because young shooters learn how much fun the shooting sports are, develop skills and discipline, and come to appreciate their Second Amendment rights. He wants the current generation of gun owners to be the last.
CRPA has alerted ranges, youth shooting programs, organizations and youth coaches to the implications of this new law, and many of those groups are now supporting our efforts in court.
“CRPA, GOC, and SAF, along with individuals affected by this law, are partnering together to fight for youth hunting and shooting sports. We appreciate the support of all the ranges, clubs, and individuals who have contacted us since the case was first filed. This is a direct attack on the next generation. Governor Newsom knows that if he can do away with the next generation, he can end the “gun culture” in California” said CRPA President and General Counsel, Chuck Michel. “What the government does not get to do is limit the speech of groups that they do not like or approve of by cancelling their First Amendment rights.”
CRPA will alert all members and organizations as soon as the court rules on our injunction. CRPA is also prepared to file a second lawsuit, based on the Second Amendment instead of relying primarily on the First Amendment, if necessary. We would also appreciate hearing from groups who have suffered financially from this law, since we are looking into the possibility of filing additional lawsuits for financial damages. Contact us at contact@crpa.org
Make sure you are signed up at www.CRPA.org to receive emails, follow us on Facebook, Twitter, and Instagram and join or renew your membership. Now is the time to stand together and fight against the increasingly unhinged efforts from and increasingly vindictive and rigged Sacramento looking to dismantle the Second Amendment one generation at a time.