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Another 1st Amendment court fight appears heading for Illinois

Posted in:

* AP

Illinois will soon outlaw advertising for firearms that officials determine produces a public safety threat or appeals to children, militants or others who might later use the weapons illegally, as the state continues its quest to curb mass shootings. […]

The prime exhibit in Democratic Attorney General Kwame Raoul’s effort is the JR-15, a smaller, lighter version of the AR-15 semi-automatic rifle advertised with the tag line, “Get ‘em One Like Yours.” The maker says it is deliberately made smaller, with added safety features, to fit younger shooters as they learn from adults how to safely maneuver such a weapon. Raoul says it’s marketed to children and potentially entices them to skip the adult supervision and start firing. […]

Illinois would be the eighth state to approve legislation that allows such lawsuits against firearms manufacturers or distributors. […]

Raoul finds precedent in the 25-year-old settlement with large tobacco companies and more recently with advertising for vaping. […]

Except that other industries don’t produce constitutionally protected products, counters the National Shooting Sports Foundation, an industry trade association that has filed federal lawsuits in nearly every state that has approved a similar law.

A federal lawsuit filed against the California law failed in federal district court, but is being appealed.

* The Illinois-based company that produces the JR-15 website attracted lots of attention with its initial marketing rollout…


Newsom has multiple times brought up the "JR 15," apparently a rifle marketed to young people. This seems to be what he's talking about. pic.twitter.com/TDo6uw3EKg

— Lara Korte (@lara_korte) February 18, 2022

This is VILE.

A skull & crossbones with a pacifier on weapon of war.

Made to look “cute” to appeal to kids.

The manufacturer calls this a “JR-15.”

Every NRA-backed politician should condemn this. pic.twitter.com/VmsqaiCuEM

— Gavin Newsom (@GavinNewsom) February 17, 2022

* The company has since adjusted its pitch

Thoughts?

posted by Rich Miller
Monday, Aug 7, 23 @ 11:46 am

Comments

  1. This reminds me of the KinderGuardians episode on Sasha Baron Cohen’s Who is America? Can’t understand why people think children need weapons like this, and yet people will fall for it https://www.youtube.com/watch?v=QkXeMoBPSDk

    Comment by CornAl DoGooder Monday, Aug 7, 23 @ 11:51 am

  2. “Wee1 Tactical” seems like a name that lends itself to the company being sued for liability.

    Comment by Candy Dogood Monday, Aug 7, 23 @ 11:53 am

  3. I fear an advertiser ban will run afoul of the courts.

    What I prefer is for the weapon to be banned. It expands the killer culture given us by the right wing.

    Comment by Norseman Monday, Aug 7, 23 @ 12:00 pm

  4. Not sure what kind of sick freak thinks a 6 year old needs to learn how to use the AR platform. Talk about normalizing deviant behavior.
    Gun culture in this country creates mental illness in the people who participate in it.

    Comment by Larry Bowa Jr. Monday, Aug 7, 23 @ 12:08 pm

  5. >>>>Talk about normalizing deviant behavior.

    Advertisement ban:
    Talk about demonizing normal behavior.

    Comment by We've never had one before Monday, Aug 7, 23 @ 12:11 pm

  6. It’s a .22. Perfect for kids to handle easily and become familiar with guns and gun safety. I have no problem with parents purchasing such a weapon for their kids to learn with. It may shock you, but many younger children enjoy shooting sports and hunting. Get over it.

    Comment by Captain Obvious Monday, Aug 7, 23 @ 12:13 pm

  7. Youth-model firearms “just like (mom and ) dad’s have been a fact of american life for well over 100 years, and have been marketed accordingly.

    Comment by We've never had one before Monday, Aug 7, 23 @ 12:21 pm

  8. ===Get over it.===

    Obviously you are the one bent out of shape.

    It’s actually adorable you want this “get over it” nonsense as the company already changed his its advertising.

    Your beef must be with the bending of the original messaging by the company?

    Comment by Oswego Willy Monday, Aug 7, 23 @ 12:22 pm

  9. “It’s a .22. Perfect for kids to handle easily and become familiar with guns and gun safety.”

    Such a silly argument.
    Why not a .22 replica M249 SAW? And before you take them to the range, make sure your tykes are kitted out with the latest in Punisher skull gear before you start teaching them how to use combat platforms.

    Comment by Larry Bowa Jr. Monday, Aug 7, 23 @ 12:37 pm

  10. I think it should be illegal to market guns to kids in general. So I’m all for this lawsuit. It think it’s despicable to market a gun to a kid. If mom or dad wants to buy their kid a gun, fine. But to create an ad campaign specifically designed for kids is beyond the pale

    Comment by Demoralized Monday, Aug 7, 23 @ 12:41 pm

  11. Excuse me, i’m all for the law. I think the lawsuit is ridiculous and just more evidence of just how extreme some in the gun community have become.

    Comment by Demoralized Monday, Aug 7, 23 @ 12:42 pm

  12. How about this?

    You can advertise guns.

    Gun manufacturers are held liable for their products (which they aren’t now) and gun owners are required to buy liability insurance for themselves.

    Cars aren’t in the constitution but owners are required to carry liability insurance.

    Comment by Jerry Monday, Aug 7, 23 @ 12:51 pm

  13. This debate is just the left’s latest attempt to distract from the real danger to our children, drag queens. /s

    Comment by Henry Francis Monday, Aug 7, 23 @ 1:29 pm

  14. And they’re worried about grooming? Someone who supports assault weapons in kids’ hands should explain why this is okay but LGBTQ+ acceptance and teaching about racism in schools is not.

    Comment by Grandson of Man Monday, Aug 7, 23 @ 1:47 pm

  15. = It may shock you, but many younger children enjoy shooting sports and hunting.=

    My kids started going on hunts with me when they were 8. They carried a BB gun. That is how I taught them. Worked their way up to a single shot shotgun, and then a 20 gauge pump gun.

    It never occured to me to buy them a semi auto assault rifle regardless of what caliber it was. But then again, our life never revolved around guns and hunting was about nature and not guns for us.

    Comment by JS Mill Monday, Aug 7, 23 @ 1:58 pm

  16. I do understand why many people are upset with that kind of advertising. However, I wonder about banning certain ads even for minors? But, if you can’t advertise certain products to children for safety reasons Illinois might win this one. I have no idea how this one will turn out.

    Comment by Steve Monday, Aug 7, 23 @ 2:15 pm

  17. Not a gun fan but kids have been playing with realistic-looking “airsoft” guns for quite a while now. The difference here of course is this is an actual gun that shoots real bullets, not bb pellets. I think the state is going to lose here. You can regulate the heck out of the airsoft guns because they are classified as toys. The miniature ar-15, as horrific an idea as it is, will get 2A protection, until we get rid of all civilian useage of semi auto and full auto guns.

    Comment by Give Us Barabbas Monday, Aug 7, 23 @ 2:34 pm

  18. “Advertisement ban:
    Talk about demonizing normal behavior.”

    Whole classes of products have been banned from advertising previously, especially for kids. Alcohol and Pot still have severe restrictions. The limits on pharma ads were lifted like fifteen years ago but were banned before then (just imagine life without “Oh oh oh Ozempic” in your head). So the idea that this is a shocking infringement on commercial speech is not remotely accurate.

    Comment by New Day Monday, Aug 7, 23 @ 2:37 pm

  19. === Illinois will soon outlaw advertising for firearms that officials determine produces a public safety threat or appeals to children, militants or others who might later use the weapons illegally, ===

    Beyond the legal, my first thought was “why would a plaintiff want to be able to create such an advertisement?”

    Comment by H-W Monday, Aug 7, 23 @ 2:42 pm

  20. “Get over it.”

    I hope you’d have the guts to say that to the face of the thousands of families who will lose a child to gun violence this year.

    Guns are the leading cause of death among children in this country. Not drag queens. Not books. Not a shadowy pedophile ring that seeks to harvest children’s adrenochrome. Guns.

    Comment by D0 Monday, Aug 7, 23 @ 2:43 pm

  21. My guess is some gun makers might actually be for the ban because then new pesky upstarts can’t advertise. The tobacco companies don’t seem to mind the advertising ban : it’s one less cost.

    Comment by Steve Monday, Aug 7, 23 @ 2:52 pm

  22. #groomers

    Comment by ItsJustMe Monday, Aug 7, 23 @ 4:12 pm

  23. A few things:

    Teaching children to shoot, safely and responsibly is not deviant nor immoral. It does not make children into killers.

    I find the advertising of the skull and pacifier to be a little tasteless, just like a lot of things that are marketed to children and young adults. There is plenty of cringeworthy advertisements out there. Banning because we think something is cringy doesn’t remove the demand.

    Firearm manufactures cannot be held liable for criminal or intentional misuse of a product. We don’t hold any other manufacture responsible for criminal or intentional misuse. Firearm manufacturers can still be held, and have been held, liable for faulty products like all others, except certain pharmaceutical companies.

    The push for firearm insurance will not pay out for intentional acts. Home/auto insurance doesn’t payout for intentional or criminal acts either.

    The AR platform is only a development or ergonomics in firearm design. Look at the history of firearm design, or of anything designed and you will see improvements made.

    The AR is not the first firearm made to look like an adult sized firearm, this has been going on for at least 300 years. Even miniature canons were made for children to learn about angle vs powder charge to hit a target. Rifles were scaled downed for children to learn military drills.

    As far as whether such a ban is Constitutional, the Courts will decide. If such a ban is Constitutional, what are the unintended consequences for other things to be banned?

    Comment by FormerParatrooper Monday, Aug 7, 23 @ 4:49 pm

  24. =Even miniature canons were made for children to learn about angle vs powder charge to hit a target. Rifles were scaled downed for children to learn military drills=

    How many miniature cannons or youth sized muskets have been used in mass killings. Spoiler alert…none.

    My kids learned with a single shot youth model shotgun. Not many of those making the rounds in the drive by’s or mass shootings.

    Comment by JS Mill Monday, Aug 7, 23 @ 5:08 pm

  25. JS, with respect,

    You are correct, a quick search does not show those weapons mentioned being used criminally. Nor do I see any mentions of these Jr AR’s being used that way either. Lot more handguns being used that way than AR’s from sources like The Trace.

    However, the point remains the same, it has been standard practice longer than you and I have been alive and until recently there has not been issues with criminality. Is teaching about or even advertising firearms the root cause of criminal acts?

    When I was taught, I actually started with a cork gun. I was probably about 5. All safety rules applied. A BB gun was next. At 7 I got a single shot .22, with a squirrel on the stock that I still have. That was also the first firearm all my children, granddaughter and a host of others used.

    Comment by FormerParatrooper Monday, Aug 7, 23 @ 5:34 pm

  26. Glad to see the AG is on this. God forbid we teach children safe gun handling.

    Comment by Motambe Monday, Aug 7, 23 @ 10:49 pm

  27. Rationalize assault weapons all you want, but their purpose is strictly to kill people. Junior versions are intended to add more juveniles to this class of killers. Not that there isn’t enough kids who already possess and use the adult versions.

    Comment by Norseman Monday, Aug 7, 23 @ 10:51 pm

  28. Norseman, I am not rationalizing anything. I believe it is a fallacy to say teaching a child to shoot is making them killers. The facts don’t bear that out. How many children have been taught firearm use? How many are killers?

    Anecdotally it seems children who were not taught properly are the ones who are misusing them.

    If I use an assault weapon in a defensive role, does that make it a defense weapon?

    Comment by FormerParatrooper Tuesday, Aug 8, 23 @ 7:33 am

  29. Teaching gun safety is not the issue. It’s killer assault rifles and the creation of Jr. killer assault rifles. Assault rifles are military grade weapons for offensive purposes. I’ve only read one instance where an assault rifle was used to stop an assault wielding murderer, the Sutherland Springs church shooting, and that was used by a firearms instructor who was passing by. I’m not including gang wars. There are weapons more appropriate for ordinary defense.

    Comment by Norseman Tuesday, Aug 8, 23 @ 10:50 am

  30. Norseman, this proposed ban Was a thorn under the saddle with me. My grandfathers and great uncles taught me to shoot with bolt action rifles. Why? Because they used bolt action rifles in WW I. My father and uncles taught me to safely shoot semi-automatic rifles, because they were trained on and used Garands and M-1 carbines in WW II. Same philosophy for my son and grandchildren - learning to safely shoot AR platform rifles, because they were taught by their uncles who learned to clean, disassemble, assemble, and handle these as young men. And when and if these children encounter a rifle or handgun is a home, they have and will clear the firearm, assure it is unloaded, and make it safe for handling.
    I am curious if the AG ban will also apply to the “Cricket” rifle, a .22 caliber, single shot, bolt-action rifle scaled down for children? It is frequently used for Boy Scout marksmanship Training. And will it apply to youth model pump shotguns with shorter gunstocks?

    Comment by Motambe Tuesday, Aug 8, 23 @ 11:36 am

  31. Norseman I better understand your point. It is about the particular style of firearms that you are concerned about.

    Here it woul be sensless for trying to help you understand my position.

    Comment by FormerParatrooper Tuesday, Aug 8, 23 @ 4:14 pm

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