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Major 2nd Amendment Victory in Circuit Court

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2nd Amendment Victory

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The Ninth Circuit Court of Appeals denied a request to rehear a ruling that found California’s ban on gun advertisements in junior sports magazines likely unconstitutional.

Gun violence

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The decision was made by a three-judge panel, stating that the ban does not directly reduce gun violence among youth and violates the First Amendment by restricting truthful advertisements about lawful gun use.

Minors

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The panel’s conclusion was “that because California permits minors under supervision to possess and use firearms for hunting and other lawful activities, [the Marketing Firearms to Minors Law] facially regulates speech that concerns lawful activity and is not misleading,” Judge Kenneth Lee said.

First Amendment

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“California cannot straitjacket the First Amendment by, on the one hand, allowing minors to possess and use firearms and then, on the other hand, banning truthful advertisements about that lawful use of firearms,” Lee said.

Rifle and Pistol Association

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The case is Junior Sports Magazines, Inc., v. Bonta, brought by the Second Amendment Foundation and the California Rifle and Pistol Association.

Forever

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“It seems like it has been forever since the 9th Circuit has refused to hear a gun case en banc. Hopefully this is a new trend,” Second Amendment Foundation executive director Alan Gottlieb said.

Denied

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The case will now be re-examined by the district court as the en banc rehearing was denied.

Biden’s administration

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President Joe Biden’s administration has been at the forefront of efforts to implement robust gun control measures, seeking to address loopholes in firearm regulations and enhance background checks to mitigate the proliferation of illegal firearms.

Background checks

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The Biden administration has pursued the expansion of background checks for firearms, notably targeting what has been referred to as the “gun show loophole.” This loophole, which enables individuals to purchase firearms at gun shows or online without undergoing a background check, has been a focal point of the administration’s efforts to tighten regulations and address gaps in the existing framework.

Gun show loophole

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The Justice Department’s announcement of a new rule to close the “gun show loophole” reflects a significant step in the administration’s strategy to enhance background screenings for firearm purchasers. By broadening the definition of licensed firearms dealers and sharpening enforcement measures, the administration aims to reduce instances of firearms being sold without proper background checks, thereby bolstering efforts to prevent illegal acquisition of firearms.

Ghost gun

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The Biden administration’s initiatives to fortify background checks and regulate “ghost gun” kits have encountered legal challenges and anticipated political pushback.

Legal disputes

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Notably, the administration’s efforts to address the proliferation of “ghost guns,” which can be assembled into working firearms without serial numbers or background checks, have prompted legal disputes and debates over the scope of federal firearm regulations.

Supreme Court

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The Supreme Court’s forthcoming decision on the Bureau of Alcohol, Tobacco, Firearms and Explosives’ authority to regulate “ghost gun” kits is poised to be a critical juncture in the administration’s gun control policy.

Legal challenge

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The outcome of this legal challenge will have far-reaching implications for the administration’s regulatory agenda, as well as the broader landscape of firearm regulations and enforcement.

President Biden

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President Biden and Vice President Kamala Harris have consistently advocated for measures to address gun violence and strengthen firearm regulations. The administration has called on Congress to enact universal background checks and allocate increased funding for the ATF to support its efforts to stem the flow of illegal firearms into communities.

Legislative achievement

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The passage of the Bipartisan Safer Communities Act in 2022, which broadened the category of gun sellers required to conduct background checks, marked a significant legislative achievement for the administration’s gun control policy.

Safety laws

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Additionally, the administration’s commitment to promoting reasonable gun safety laws and preventing tragedies associated with firearms underscores its dedication to advancing comprehensive and effective measures.

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