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Judge Kenneth Lee seeks to do away with restrictive California firearm law that violates the U.S. Constitution and the First Amendment.
The Post Millennial reported that Trump-appointed Judge Lee led the charge against California’s minor firearm advertising law. This specific law was one of many that were originally passed by Democratic legislatures due to the rise of mass shootings back in May 2022, AP reported. The law bans marketing of any firearm-related products in a way that may make them seem desirable to minors, the outlet added. This law was meant to help deal with the number of school shootings.
However, Lee and other Republicans have pointed out that this law goes against the U.S. Constitution and restricts the right to free speech.
Lee argues that this law has done nothing to prevent school shootings. The Post Millennial reported what he wrote, “While California has a substantial interest in reducing gun violence and unlawful use of firearms by minors, its law does not ‘directly’ and ‘materially’ further either goal.”
Gun rights groups, along with Judge Lee, sought an injunction from the lower court to stop the law from taking effect. However, the court had denied this request. Reuters reported what Chuck Michel, president of the California Rifle & Pistol Association, said about the California law, “This is another example of legislative overreach and the politicians’ willingness to trample on constitutional rights.”
On Wednesday, the Ninth Circuit Court of Appeals reversed that decision, and according to AP News, their reasoning was that the law “does not directly and materially advance California’s substantial interests in reducing gun violence and the unlawful use of firearms by minors.”
The Post Millennial reported that Lee wrote for the majority, explaining, “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 also pointed out the fact that there is no evidence that a minor in California bought a firearm illegally because of an advertisement.
The court has agreed that the law violates the First Amendment and that there is no evidence of children buying illegal firearms. The Democrats wrote this law to impose stricter firearm restrictions and is one of the many reasons why Republicans are supporting a Biden impeachment.
