Author Topic: 9th Circuit Court of Appeals allows injunction for California AB 2571  (Read 182 times)

Offline Timothy_D

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With the lower court injunction denial reversed by the 9th Circuit Court of Appeals, a blanket ban of minors from the programs in California is no longer necessary while the fight continues in the court.

A win for Constitutional rights!

https://crpa.org/news/blogs/breaking-big-win-on-ab-2571-case/

I hope to see young enthusiasts with their parents at future California Appleseeds.


Offline eaglescouter

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Re: 9th Circuit Court of Appeals allows injunction for California AB 2571
« Reply #1 on: September 14, 2023, 11:43:05 AM »
The above information is not accurate.

Yes the 9th Circuit did take action.  But the action they took was to remand the decision back to the lower court to be re-decided.

The decision that was sent back to the lower court was "should there be an injunction to block the effect of this law during the period that the court case is active?"

The law is still in effect.
The decision on the requested injunction must now be re-decided.

Old Guy:  Do it long enough and you get really good at it.

Rifleman:  Sacramento:  Four Ought Nine
Full Distance:  Red Bluff:  What year was that?
Pistoleer:  Hat Creek:  Three Twenty One

Make yourselves good scouts and good rifle shots in order to protect the women and children of your country if it should ever become necessary.
--Lord Baden-Powell
Scouting for Boys (1908)

Offline Timothy_D

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Re: 9th Circuit Court of Appeals allows injunction for California AB 2571
« Reply #2 on: September 14, 2023, 03:08:29 PM »
You are correct, I jumped the gun missed the remanded back to the lower court.
Still, it's a start.


Offline eaglescouter

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Re: 9th Circuit Court of Appeals allows injunction for California AB 2571
« Reply #3 on: September 14, 2023, 03:59:53 PM »
Detailed analysis of the current condition of this law barring advertising to minors is here:
https://bulletin.accurateshooter.com/2023/09/9th-circuit-rules-challenge-to-california-ab-2571-can-proceed/

Quote from the article:
Quote
The Ninth Circuit panel reversed the denial of the preliminary injunction and sent the issue back down to the district court for further proceedings consistent with its decision. For all of those youth shooting programs out there, this means keep doing what you are doing for now. It takes time for appellate decisions to become final, and the lower court must still issue a final decision on the Plaintiffs' motion for preliminary injunction.

NOTE: Organizations affected by this law should continue operating their programs the same way — as if AB 2571 is in place. Watch for more information on the ruling from the District Court soon.
Old Guy:  Do it long enough and you get really good at it.

Rifleman:  Sacramento:  Four Ought Nine
Full Distance:  Red Bluff:  What year was that?
Pistoleer:  Hat Creek:  Three Twenty One

Make yourselves good scouts and good rifle shots in order to protect the women and children of your country if it should ever become necessary.
--Lord Baden-Powell
Scouting for Boys (1908)

Offline Timothy_D

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Re: 9th Circuit Court of Appeals allows injunction for California AB 2571
« Reply #4 on: September 14, 2023, 08:16:17 PM »
I saw that part when I went back and read from top to bottom instead of scanning the good parts.

That being said, as I have mentioned before, Sebastopol Rifle and Pistol Club has been running their youth program all year without a single legal hassle.
They aren't advertising to the kids. The parents approach the club,
"Hey, do you have youth shooting sports?"
"Yes."
"Can I sign them up?"
"Yes."
"Here's the money."
"Great, program starts . . . "

No advertising, just training.