Junior Sports Magazines Inc. v. Bonta
| Decision Date | 24 October 2022 |
| Docket Number | 2:22-cv-04663-CAS (JCx) |
| Parties | JUNIOR SPORTS MAGAZINES INC, v. ROB BONTA |
| Court | U.S. District Court — Central District of California |
Proceedings: (IN CHAMBERS) - PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION (Dkt. 12-1, filed on July 20, 2022)
On July 7, 2022, plaintiffs Junior Sports Magazines Inc.; Raymond Brown, California Youth Shooting Sports Association, Inc.; Redlands California Youth Claw Shooting Sports, Inc.; California Rifle & Pistol Association, Incorporated; The CRPA Foundation; Gun Owners of California, Inc.; and Second Amendment Foundation (collectively, “plaintiffs”) filed suit against Rob Bonta, in his official capacity as the Attorney General of California. Dkt. 1 (“Compl.”). Plaintiffs challenge the constitutionality and seek to prevent the enforcement of California Business & Professions Code Section 22949.80, which prohibits firearm industry members from advertising or marketing, as defined, firearm-related products in a “manner that is designed, intended, or reasonably appears to be attractive to minors.”
Plaintiffs' complaint asserts claims for (1) violation of the right to free speech (“political & ideological speech”) under the First Amendment; (2) violation of the right to commercial speech under the First Amendment; (3) violation of the rights to association and assembly under the First Amendment; and (4) violation of the Fourteenth Amendment's Equal Protection Clause. Compl., ¶¶ 107-230.
On July 20, 2022, plaintiffs filed a motion for a preliminary injunction enjoining enforcement of Section 22949.80. Dkt. 12-1 (“Mot.”). That same day, plaintiffs filed an ex parte application to shorten time for a hearing on their preliminary injunction motion, dkt. 13, which the Court denied on July 22, 2022, dkt. 15.
On August 8, 2022, defendant filed his opposition. Dkt. 19 (“Opp.”). On August 15, 2022, plaintiffs filed their reply. Dkt. 21 (“Reply”).
On August 18, 2022, plaintiffs filed an ex parte application to file a supplemental brief in light of defendant's communications with plaintiffs alerting them to potential legislative changes to the challenged statutory provisions. Dkt 23.
On August 19, 2022, the Court granted plaintiffs' ex parte application to file the supplemental brief. Dkt. 26. The Court then vacated the hearing scheduled for August 22 in light of the then-pending introduced amendments, and scheduled a status conference for September 12, 2022, to schedule further briefing on the motion for preliminary injunction. Dkt. 24.
On August 24, 2022, plaintiffs filed an emergency petition to the Ninth Circuit for a writ of mandamus to compel a ruling on the preliminary injunction motion. Junior Sports Magazines Inc., et al. v. United States District Court for the Central District of California, No. 22-70185 (9th Cir. Aug. 25, 2022). The Ninth Circuit denied the emergency petition on August 25, 2022. IT
On August 30 and 31, 2022, the California Senate and Assembly passed AB 160, containing amendments to Section 22949.80.
On September 12, 2022, the Court held a status conference at which it directed the parties to file supplemental briefing addressing the impact of AB 160's amendments to Section 22949.80 on plaintiffs' motion for preliminary injunction.
On September 28, 2022, plaintiffs filed a supplemental brief and supporting declarations. Dkt. 30 .
On September 29, 2022, Governor Gavin Newsom signed AB 160 into law.
On October 7, 2022, defendant filed his supplemental brief. Dkt. 32 (“Def's Supp. Brief').
On October 17, 2022, the Court held a hearing. Having carefully considered the parties' arguments and submissions, the Court finds and concludes as follows.
The following facts are taken from the complaint, the declarations and exhibits submitted in support and opposition to plaintiffs' motion, and matters subject to judicial notice.
Gun violence has increased in the United States over the past several years. See, e.g.. Plaintiffs' Request for Judicial Notice (“RJN”), Ex. 7 at 1. This year alone, several mass shootings, such as the killing of 19 children at an elementary school in Uvalde, Texas, have sparked calls to action across the country. RJN, Ex. 6 at 6. In California, state legislators have introduced several new bills. See RJN, Ex. 7 at 3 (). Governor Gavin Newsom signed many of them into law, including Business & Professions Code Section 22949.80 (), challenged in this litigation.
On February 18, 2022, Assemblymember Rebecca Bauer-Kahan introduced AB 2571. The stated purpose of AB 2571 was to RJN, Ex. 4 at 1.
On June 30, 2022, after both houses of the state legislature had passed AB 2571, Governor Gavin Newsom signed the bill into law. Compl., ¶ 43. AB 2571 was designated an “urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution,” enabling it to take immediate effect. RJN, Ex. 1 at 4.
AB 2571 was passed with an accompanying policy statement. Specifically, the Legislature found that California “has a compelling interest in ensuring that minors do not possess these dangerous weapons and in protecting its citizens, especially minors, from gun violence and from intimidation by persons brandishing these weapons.” Id. at 2. Accordingly, the Legislature found that “[t]he proliferation of firearms to and among minors poses a threat to the health, safety, and security of all residents of, and visitors to, this state.” Id. at 1.
The Legislature further determined that “[t]hese weapons are especially dangerous in the hands of minors because current research and scientific evidence shows that minors are more impulsive, more likely to engage in risky and reckless behavior, unduly influenced by peer pressure, motivated more by rewards than costs or negative consequences, less likely to consider the future consequences of their actions and decisions, and less able to control themselves in emotionally arousing situations.” Id. at 1-2. The Legislature noted that “firearms manufacturers and retailers continue to market firearms to minors,” even with the fact that “children are especially susceptible to marketing appeals, as well as more prone to impulsive, risky, thrill-seeking, and violent behavior than other age groups.” See id. at 2. As the Legislature described, “[f]irearms marketing contributes to the unlawful sale of firearms to minors, as well as the unlawful transfer of firearms to minors by adults who may possess those weapons lawfully.” Id
The Legislature concluded that “intent... in enacting this act” is “to further restrict the marketing and advertising of firearms to minors.” Id.
As initially enacted, AB 2571 adds Chapter 39 “Marketing Firearms to Minors” to the California Business and Professions Code. Section 22949.80(a)(1) establishes that “[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 is designed, intended, or reasonably appears to be attractive to minors.”
The chapter further defines what “firearm industry member,” “firearm-related product,” “attractive to minors,” and “marketing or advertising” respectively mean.
“Firearm industry member” is defined by Subsection 22949.80(c)(4) in two nonexclusive ways. The first definition is 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.” Id.. § 22949.80(c)(4)(A). The second definition is:
A “firearm-related product” is defined by Subsection 22949.80(c)(5) as a “firearm, ammunition, reloaded ammunition, a firearm precursor part, a firearm component, or a firearm accessory” meeting any of these four conditions: “[t]he item is sold, made, or distributed in California,” “[t]he item is intended to be sold or distributed in California,” “[i]t is reasonably foreseeable that the item would be sold or possessed in California,” or “[m]arketing or advertising for the item is directed to residents of California.” IT, § 22949.80(c)(5).
AB 2571 defines “marketing or advertising” in Subsection 22949.80(c)(6) to mean, “in exchange for monetary compensation, to make a communication to one or more individuals, or to arrange for the dissemination to the public of a communication, about a product or service the primary purpose of which is to encourage recipients of the communication to purchase or use the product or service.” IT, § 22949.80(c)(6).
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