California, USA – In a landmark decision, the Ninth Circuit Court of Appeals has sided with the Congressional Sportsmen’s Foundation (CSF) and its Hunting Coalition partners, reversing the lower court’s denial of a preliminary injunction concerning California’s controversial Youth Firearm Marketing Law.
Background
California’s sportsmen and women have historically been at the forefront of conservation and wildlife management funding. Through the American System of Conservation Funding (ASCF), a unique “user pays — public benefits” model, they contribute tens of millions annually to the California Department of Fish & Wildlife. This funding is sourced from license sales and an 11% federal excise tax on sporting goods, including firearms and ammunition. The recent legal battles surrounding the sportsmen’s community’s ability to engage the next generation have raised concerns about the future of this funding mechanism.
The Controversy
At the heart of the dispute is Assembly Bill 2571 (AB 2571), passed in 2022, which aims to prohibit the “marketing” of firearms to minors. Critics rightfully argue that the bill’s language is overly broad, potentially encompassing communications related to lawful youth hunting and recreational shooting. Violations could result in hefty fines of $25,000 per instance of prohibited communication.
The Congressional Sportsmen’s Foundation and Safari Club International and Sportsmen’s Alliance had previously sought a preliminary injunction in the U.S. District Court for the Eastern District of California. Their goal was to protect the free speech rights of hunting, recreational shooting, and conservation organizations. However, this request was denied, prompting an appeal to the Ninth Circuit Court of Appeals.
The Decision
On September 22, 2023, the Ninth Circuit Court of Appeals reversed the lower court’s decision, siding with the CSF and its partners. The court’s ruling emphasized the potential infringement on 1st, 5th, and 14th Amendment rights posed by AB 2571. The case will now return to the U.S. District Court for the Eastern District of California for further proceedings.
Implications of AB 2571
Governor Newsom signed AB 2571 into law in 2022. Its broad language, which defines the “firearm industry” to include organizations that promote firearm-related products, has raised concerns among hunting and conservation groups. Since its enactment, many organizations have halted communications that depict youth’s lawful use of firearms, fearing the steep fines and the potential portrayal of firearms as “attractive to minors.”
Beyond free speech concerns, the sportsmen’s community is alarmed about the potential impact on Recruitment, Retention, and Reactivation (R3) efforts. With declining hunting participation in California resulting in reduced conservation funding, the state wildlife agency and various organizations have been investing in R3 initiatives. AB 2571 poses a significant threat to these efforts, potentially undermining the funding structure supporting California’s wildlife conservation.
What’s Next?
Following the Ninth Circuit Court of Appeals’ decision, the preliminary injunction request will be re-evaluated by the U.S. District Court for the Eastern District of California. The CSF has pledged to keep the public informed on developments in this federal litigation and other related issues.
The ongoing legal battle surrounding AB 2571 underscores the Democrat’s continuing attacks on traditional youth sports and preserving outdoor heritage and conservation in California. The outcome of this case could have far-reaching implications for the state’s wildlife and their habitats.
