Muzzle gag man mouth silence tape
(Shutterstock)

By Alan Gottlieb and Dave Workman

In the wake of another Supreme Court ruling that strengthens and more clearly defines Second Amendment protections, anti-gun politicians have developed yet another way to threaten those rights, along with rights protected by the First Amendment in an effort to silence gun owners and penalize them for fighting back.

In California, where such strategies are typically developed and then spread across the map, this plan of attack is already in progress.

A federal court case known as Junior Sports Magazines, Inc. et.al. v. Bonta cuts to the heart of the problem. Several plaintiffs including gun rights organizations are challenging changes in state law created by passage of Assembly Bill 2571, which makes it unlawful for any firearm industry members to 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. Plaintiffs are asking for a preliminary injunction against enforcement of the law.

The second prong of this anti-gun strategy is legislation enacted to thwart such challenges by financially penalizing anyone — including an attorney or an entire law firm — if they seek declaratory or injunctive relief from any firearms-related California state statute or local ordinance, or even a rule or regulation by making them liable to pay attorney’s fees and costs of the prevailing party.

Simply put, anyone seeking to enjoin a California gun restriction faces the prospect of liability for the state’s attorneys’ fees if the plaintiff does not win on all aspects of the case, even if their case prevails on the merits, settles a claim without a waiver, or voluntarily dismisses any portion of the case for any reason.

In essence, California politicians are effectively silencing debate on issues directly affecting rights secured by the Second Amendment, by legislating against those who would challenge their laws. What began as an attack on one constitutional right has now become an attack on another right, yet civil libertarians are silent.

Democrats led by Gov. Gavin Newsom are saying, “You have freedom of speech only if you agree with us.” That is not how the Founders perceived this country, and it is why they included the First Amendment in our Bill of Rights.

Gavin Newsom
California Gov. Gavin Newsom (AP Photo/Rich Pedroncelli)

If this were about any issue other than guns, the media would be going crazy. Where are the editorials in the New York Times and Washington Post? Why aren’t there reports about this in every newspaper? Are stories being spiked, or is the situation simply being ignored?

One might expect this sort of censorship in Putin’s Russia, but it is here, now in Joe Biden’s America. When anti-rights fanatics take their fight to this level, it’s really an attack on all Americans, not just 100 million gun owners.

Joe Biden angry point gesture
(AP Photo/Evan Vucci)

Today, they’re coming after gun rights. Tomorrow, perhaps they’ll be coming after another right you cherish. Maybe your right to protest, publish, or provide an alternate viewpoint.

That’s not the country in which our parents and grandparents grew up, and it shouldn’t be the country our children and grandchildren are forced to accept.

 

Alan Gottlieb is founder and executive vice president of the Second Amendment Foundation. Dave Workman is the communications director for the Citizens Committee for the Right to Keep and Bear Arms.

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71 COMMENTS

      • “Not that there’s anything wrong with that…”

        You really need to confront your pressing ‘daddy issues’, Mr. Not Gay.

        • I was talking about hunting & skeet shooting. What are you talking about? And stop assuming my gender. Peace and love. (no home oh)

    • It’s not solely about the militia either. It’s about the right for ANY LAWFUL PURPOSE, that includes hunting and skeet shooting.

  2. You can’t allow children to see a firearm advertisement that promotes safe use but you can let them hang out with tranny strippers.

    This is the inmates running the asylum.

    • Problem is everybody loves tyrants now. They’re very much on-trend.
      Shoot a tyrant and you become the pariah while the dead tyrant becomes the saint.

      All the old hippies have swapped their “live and let live” philosophy for “do what you’re told” and their coddled, sheltered and entitled children want free things and the impossible promise safety even if it means locking everyone in a deep dark basement never to again see the light of day.

        • “The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants.” Thomas Jefferson to William Smith, 1787.

          Tree of liberty be lookin’ might parched, these days.

      • Not true. Many the old hippies have joined the Libertarian Party and are still fighting those trying to control them – as all good Americans should.

        • All the old hippies I still know are sappy vegans who apparently don’t get enough brain-nutrients anymore & are stuck-on-Obama-stupid.

    • StLPro2A,

      The explanation (about why patriots are incredibly reluctant to eliminate a tyrant) is simple and understandable.

      One patriot taking out one tyrant will not change the landscape: another tyrant will immediately fill the void and nothing will change. And yet law enforcement will almost assuredly kill the patriot in the process or ensure that the courts imprison said patriot for the rest of his/her life. Why would any one self-described patriot risk their life when there is zero probability of bringing about positive change?

      Another problem: it is next to impossible to assemble/create a large enough force (even just a crew of 20 people) for a “mission to eliminate a tyrant” without someone being an informant–which leads to the entire crew going to prison for the rest of their lives, again with zero probability of bringing about positive change.

      Last but not least: it is next to impossible to assemble/create and then maintain a huge force which announces that they will eliminate tyrants at some future date if the tyrants fail to repeal their tyrannical laws/dictates. The fact that said force was gracious enough to give the tyrants time (even ample time) to mend their ways does not matter to government enforcers. Once again, government enforcers will pick-off members of the large force before the large force brings about positive change.

      The above statements are simple FACTS. I wish I had something more encouraging to offer but I do not.

      • Any action must come from the states. Governors and legislatures will need to step up. Will it happen?? Who knows? Doesn’t look good, though.

        • The “action” needs to come from the voters. Mid-terms are coming and they are VERY important but how many will sit them out then cry when the results are in? The Socialist communists are slowly getting a grip on our Nation, and they must be STOPPED before they ruin it completely. Get out and VOTE.

      • uncommon,

        Beg to disagree. Effective action can be taken by a single person. All that is required is the will to act, a brain, and some planning.

        As far as “there will always be another”? How do you eat an elephant? One bite at a time.

        “It’s a long journey” sounds more like an excuse to do nothing than a reason not to act.

  4. I have said many times in the past: the Second Amendment is the proverbial “canary in the coal mine” which alerts us to the intention of authoritarians to attack all of our rights.

  7. So, what happens when the Left gains the presidency, slight majorities in the House and Senate, scuttles the filibuster, and then packs the courts?? It almost happened in 2021; we were THAT CLOSE to losing everything. But it’s still coming. Maybe not this year, but it is coming. We all know what this means for the Second Amendment, not to mention the rest of the Bill of Rights.

    What happens then?

    • You fight weather you are going to be killed or not. I know that if anyone reassigns my grand children’s gender they ain’t gonna have to worry about going to court. I reckon there is some of you that know who Audy Murphy was. You go into it knowing your dead already. Then you have no problem doing what you have to do.

  9. As I’ve said before, these people believe the Bill of Rights should be condensed into the sentence, “You have the right to shut up and do as we tell you.”

  10. “Assembly Bill 2571, which makes it unlawful for any firearm industry members to 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.”

    but its still ok for hollywood and the video game industry to do it right

  11. It would take an out of California expat to move to centrist state and bring it up in another court, then move up the chain to SCOTUS to set a precedents. Unless the mirrored bill in TX where it began gets taken up. The downside is that the out of state court would probably say its out of their jurisdiction and a waste of the courts time since he/she resides in the new state.

  12. The advertising prohibition clearly violates the 1st Amendment of the US Constitution.

    The financial penalty for bringing a case against the state violates the 5th Amendment guarantee of due process and is effectively a poll tax (a tax to exercise a protected right) that violates the 24th Amendment.

    Courts will spike this ball right back into Newsom’s face.

    • I sure hope you are right! There are, unfortunately, many judges in CA that twist the rules to fit their ideology.

    • I didn’t see it in the article (and haven’t been able to find it online); what California bill (Senate or Assembly, proposed or passed) makes losing plaintiffs responsible for the government’s legal fees when challenging 2A restrictions?

      I agree that it’s absolutely unconstitutional and, honestly, a little scary that they would try to set this precedent. But before we get ourselves worked up over it, has this actually become law yet? Or even officially proposed? Or is it just something that has been talked about?

  13. quote————Today, they’re coming after gun rights. Tomorrow, perhaps they’ll be coming after another right you cherish. Maybe your right to protest, publish, or provide an alternate viewpoint.————-quote

    Boy that one was a laugh and most hypocritical.

    Look at what Ron De-Insane-ous has tried to do in Florida, like banning books like the German Nazi’s did, banning right to free speech by his political opponents including free speech by corporations like Disney world like the German Nazi’s did. Banning free speech on college campuses and in the class rooms by muzzling what a Professor can and cannot say just like the German Nazi’s did. Banning abortion and having forced births just like the German Nazi’s did.

    Supporting a coup and 1923 style beer hall putsch and a one party government like De-Insane-ous and Herr Drumpf did on Jan 6th.

    • Further, professors have the right to discriminate and belittle white students because they are white. Desantis needs to get out of the way. There is NOTHING wrong with critical race theory, and nothing wrong with rubbing in the face of little 7 year old Billy, that Billy’s ancestors were garbage, Billy is a white devil, and Billy needs to look at 7 year old Leroy in his class, and apologize, immediately. Blacks were oppressed for hundreds of years in America. It’s now your turn.

    • Your kind is first to go…. I hope you realize your gaslighting is only gonna make it worse on you and your kind…I hope your trash mentality pushes MAGA-KIND over the edge…

      • Still bored, Pee-Gee Two?

        Stop hiding behind your little made-up names, thinking you’re being clever…

    • Apparenty an early out at school today for lil d.

      He is crying (in prog code) over limitations /restrictions on his “transitioning”.

    • “Boy that one was a laugh and most hypocritical.”

      The irony of that statement….. Who else likes to ban books? The Left maybe? Dr Suess, JK Rowling, Samuel Clemens and Harper Lee all have been targets of the Lefts zeal. Looks like book banning is a two way street.

      “banning right to free speech by his political opponents including free speech by corporations like Disney world like the German Nazi’s did.”

      First you need to decide if corporations have free speech or not. Or is it they have it when the tow the Lefts line? At least be consistent.

      What speech by Professors is banned? Can a professor say there are two biological sexes?

      Abortion, apparently you do not understand the 10A. Nor do you appreciate the laziness of the Left. RBG said it was decided wrongly, maybe you should have done more to save your desire to murder children? Nazis banned abortion for Aryan women, yes. They also allowed for abortions of the lesser races, you know to keep the world pure. The left still likes aborting the “others”. Sanger got her ideas here too.

      “Supporting a coup and 1923 style beer hall putsch and a one party government like De-Insane-ous and Herr Drumpf did on Jan 6th.”

      One Party government like the Left says we need? That is acceptable to you?

      To draw parallels between the Nazi rise to power and 1/6 is beyond intellectually dishonest. It is a direct lie of historical activities.

      Young man, give it up. You insurrectionists are not going to win.

    • dacian the demented dips***,

      Please, your lies are transparent. DeSantis didn’t “ban” ANYTHING. He did remove certain books (quite appropriately, IMHO) from school curricula – cry me a river, s***weasel, there is no reason I should SUBSIDIZE pedophile groomers like you to indoctrinate my children. And therein lies the difference between libertarian/conservatives and you Leftist/fascists – WE choose not to subsidize anti-parent, anti-American, pedophilic, Leftist indoctrination of our children, and your response is “Take you kids out of school, then”. OK, we did – by the millions. Now you’re bitching about the lack of funding for “public schools”. Again, cry me a f***ing river – if you think they are so jolly f***ing good, fund them yourself, or let me and mine use our money to fund OUR choice of education.

      Then the public schools can continue to graduate brain-dead, uneducated morons, such as yourself, who bray like the @$$ES they are about their “education” (like the proverbial pigeon on the chessboard).

      You are too stupid to insult, college drop-out.

      Public

    • dacian the Dunderhead. IT seems the hypocrites are you Leftists. How many of your politicians go around with armed guards to protect them while we common folk have to put up with your criminal buddies unable to defend ourselves. DeSantis is NOT “banning books”. He is banning CRT which is perversion of History, Again, you twist, turn and conflate words to suit your Leftist And for your edification what you claim the :fake dacian said happens to be accurate. There are a lot of Leftist professors who toss out Conservative students for no reason other than they are Conservative. They give grades based on their Leftist biases.

      • I just can’t figure out which of these replies are the best, they’re all so good and so TRUE. Sorry leftards, the Truth does hurt doesn’t it?

  15. Either this proposal is legal or it is illegal and can be tested in a court of law unlike in RUSSIA where the regime regularly makes up the law on the fly
    Once again my opinion for what it worth is -that if the gun owners and the Firearms trade in general do not co-operate on logical and reasonable implementation of stricter gun-ownership controls eventually more Draconian restrictiions will be forced upon, by public demand, than are strictly nessessary. Make no mistake where CALIFORNIA goes other’s follow, not just other US States but the international Community. You’d be surprised at how many ENVIRONMENTAL initiatives had their roots in California. Most of that is down to California’s ECONOMIC clout and a GDP twice that of Russia on a good day!

    • you subject…. nobody in this country cares what you think….gt fk off AMERICAN sites and go back to your lame country full of slaves

    • “Once again my opinion for what it worth is -”

      Worth substantially less than a bucket of warm spit, lad.

      Now, sod off, wanker… 🙂

    • Puppet Albert, you don’t have moral standing to criticize what we do here. In fact many of the problems we have strived to overcome are directly related to what you did here before we had enough and sent you away.

      Your opinion is greatly overstated in importance.

  16. While the ire against Democratic/leftist legislators for the “loser pays” rule is fully justified, it’s not without precedent. Call Portantino, Bonta, and Newsom petty, but they replicated an identical provision in SB-8 that had a similar loser-pays rule for those who challenged the constitutionality of the abortion ban.

    What’s good for the goose is good for the gander, and the identical provision in both laws deserve to be tossed into the trash bin of history.

    • “What’s good for the goose is good for the gander,…”

      One deals with a bona-fide enumerated Civil Right, protected by the US Constitution, and the other does not, Samuel…

      • Distinction without a difference, because an enumerated right is not what’s being attacked.

        It’s the ability to challenge a law, any law, without risking paying the attorney general for the trouble.

        Better brush up on your legal reasoning, Geoff.

  17. If Americans stand by and allow this then they deserve neither freedom or safety….
    This country had better wake up before it’s too late….
    “they” are controlling everything and threatening the freedoms of Americans NOW!!!!!! NOW PEOPLE!!!!!! NOW!!!!!!

  18. It’s not just the US. Gonna get cold in the UK this winter Albert. You gonna get hungry too. Hey commieformia can’t charge your Tesla today or wash your clothes. Dacian you can still come to JESUS. Repent, turn away from your sin.

    • Too late. Dacian’s $deity is The STATE and his prophets are Marx, Lenin, Stalin, Mao, and Pol Pot. He aims to be a loyal disciple like Vasily Blokhin.

  19. All of us on this forum focus (naturally) on the 2A. Believing that the Leftist/fascists are ONLY going after the 2A is head-in-the-sand nonsense. We’ve already seen their attacks on the 1A – “hate speech”?? AYFKMRN??? But they are equally against the 4th, 5th, 6th, 10th, 14th amendments. Frankly, they want to chuck the whole damn Constitution (or, short of that, sell their “living Constitution” nonsense, and pack the courts).

    The Constitution was designed to be a bulwark against tyrants – which is why they hate it. EVERY part of it. A short list of the things the Leftist/fascists have publicly said they want to eliminate:

    1. Senate;
    2 Electoral collee;
    3. Separation of powers (why SHOULDN’T the POTUS be able to legislate by EO??, they ask);
    4. First Amendment (hate speech and “disinformation”, freedom of religion, “separation of church and state” (which isn’t in the Constitution, and doesn’t mean what they claim it means));
    5. Second Amendment (COMPLETELY);
    6. Fourth Amendment (we should be totes cool with a bullshit, “general” warrant, based on lies and press repetitions of “leaked” lies);
    7. Fifth Amendment (“only guilty people invoke the Fifth!”);
    8. Sixth Amendment (speedy trial, specific charges, right to confront witnesses and accusers . . . where to I even start???);
    9. Tenth Amendment (if any amendment has been ignored and abused, this is the one MOST ignored and abused);
    10. Fourteenth Amendment (all rights guaranteed by the BoR are required to be recognized by the states – tell that to NY, NY, CA, HI, DE, MD, IL re: the right to keep and bear arms).

    Leftist/fascists HATE the Constitution, because it is a roadblock to their jihad to force us all into their “utopia”. F*** ’em, HARD. May they be infested with the fleas of a million camels.

    • How else are they going to build the Great Lakes to Seattle canal without those “seeking atonement through state labor” (aka prisoner slave workforce).

      • After they are through with their “struggle sessions”, of course.

        We just heard the ALLEGED “President” of the US literally declare war on 74 million Americans. If that don’t scare you, you ain’t payin’ attention.

    • They mostly don’t . . . they breathe air in KKKalifornia, which stopped being part of America decades ago.

  21. Someone in another state should pass a similar law for abortion, then wait for the US Supreme Court to strike it down on the 1st Amendment. THEN, sue California.

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