now numbers in the billions of dollars . The time to “ sit down and discuss ” issues has long since passed . The status quo cannot be our guide , we must go on the offense and force the issue , time and again , until sportsmen are protected , now and forever . And this means aggressively litigating issues .
The sad truth is , many fish and wildlife commissions have already slid off the rails , and corrective litigation is sorely needed . This is true not just on the East and West Coasts , but for many states in the interior where animal extremists have developed relationships with governors to nominate anti-hunting commissioners to do their bidding . It may seem that a “ bad vote ” or two is not a big deal , but it always starts this way and , before you know it , a commission has fully turned its back on the North American model and sportsmen .
We will be there to challenge egregious commissions that attempt to destroy the foundations of wildlife management . We cannot look back years from now and wish we had “ done something back then .” The time is now .
Depending on where you live , you may already recognize that your state legislature is what you might call a “ lost cause ,” where anti-sportsmen legislation passes routinely . Of course , in these states , our litigation strategy is incredibly important . Our victory in the federal Ninth Circuit Court of Appeals recently ( see sidebar ) is directly on point . California legislators didn ’ t hesitate in passing that egregious law on firearms marketing to minors and Gov . Newsom proudly proclaimed his anti-gun credentials when signing it , but federal judges had something to say about it . The litigation route works , and it will become a routine part of everything we do at the Sportsmen ’ s Alliance .
CASE STUDIES :
CALIFORNIA & WASHINGTON
The Left Coast states of California and Washington are leading the nation in antisportsman rhetoric . Washington has gone so far off the rails that it makes California , long the most radical state in the Union , look somewhat reasonable . However , our work in both states is emblematic of the need to turn to the courts for justice .
California ’ s Marketing to Minors Law After Gov . Newsom signed AB 2571 into law , an overly broad definition of marketing to minors blanketed the state . Nearly any advertising of firearms or accessories could be designated for prosecution by the state . The Sportsmen ’ s Alliance , along with our partners , filed a lawsuit to fight the new law . While the case makes its way through the court system , we asked for an injunction to block the law until its constitutionality is settled . A federal court in California denied our request , so we appealed to the Ninth Circuit .
On appeal , the Ninth Circuit ( hardly a bastion of conservative opinions ) agreed that the case is likely to succeed on its merits and ruled that the lower court erred in its reasoning for not issuing an injunction . Our appeal challenging the substance of the law remains while we continue to press for an injunction .
Washington Fish & Wildlife Commission Those in charge of setting The Evergreen State ’ s hunting and fishing seasons and regulations have become so egregious in promoting their anti-hunting ideology that the Sportsmen ’ s Alliance filed suit against Commissioner Lorna Smith for violating state statute by simultaneously holding two appointive positions . The conflict of interest was on full display , and a Washington state judge agreed with our argument .
Commissioner Smith resigned from her position on the Jefferson County Planning Commission , but she hinted about wanting her seat back if she decided to appeal . Strangely enough , and with full backing and support of the attorney general ’ s office , Smith and the state appealed the agreed-to settlement , which will be heard in the state supreme court in the near future .
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