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Federal Judge Strikes Down California's Citizen Gun Control Law

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By    |   Tuesday, 20 December 2022 05:06 PM EST

A California-based federal judge has blocked the state from enforcing a law permitting private citizens to bring lawsuits against gun manufacturers.

In his opinion, U.S. District Court Judge Roger Benitez deemed the "fee-shifting" provisions of the state's gun law (Senate Bill 1327) as unconstitutional, characterizing it as an "unprecedented attempt to thwart judicial review."

"[The law] is cynical. ... 'It is an abomination. It is outrageous and objectionable. There is no dispute that it raises serious constitutional questions,' " Benitez wrote, while quoting California Gov. Gavin Newsom's comments on a similarly structured law in Texas.

In California, according to the Washington Examiner, the gun law would have led to a "private right-of-action for citizens to sue manufacturers for $10,000, the same amount the Texas law provision allows."

On Dec. 8, a Texas state court tossed the lawsuit condemning a doctor who had allegedly violated state law prohibiting abortions.

Under Senate Bill 8 in Texas, private citizens are able to bring lawsuits against doctors or anyone who participates in aiding and abetting an abortion.

Shortly after the U.S. Supreme Court ruled that Senate Bill 8 in Texas could remain in effect, Newsom asked the California Legislature to conceive a similar law, but applicable to gun manufacturers.

In a statement, Newsom's office reasoned the California law had been created "to ensure that if courts will allow Texans to sue to stop abortions, then California could use that same legal mechanism to protect Californians from gun violence on our streets."

Regarding the Supreme Court, Newsom said it would be "hypocritical" to allow Texas to implement procedural rules of being shielded from judicial review, but essentially deny California from enforcing the "very same rules," relative to its own laws.

"We have been saying all along that Texas' anti-abortion law is outrageous. Judge Benitez just confirmed it is also unconstitutional," said Newsom.

"The provision in California's law that he struck down is a replica of what Texas did, and his explanation of why this part of SB 1327 unfairly blocks access to the courts applies equally to Texas' SB 8. There is no longer any doubt that Texas' cruel anti-abortion law should also be struck down."

Benitez has previously issued other landmark rulings in California history.

In June 2021, Benitez overturned the state's decades-old assault weapons ban.

In his opinion then, Benitez downplayed the risk of an assault rifle being used in a mass shooting as an "infinitesimally rare event."

"More people have died from the COVID-19 vaccine than mass shootings in California," Benitez wrote at the time.

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A California-based federal judge has blocked the state from enforcing a law permitting private citizens to bring lawsuits against gun manufacturers.
california, guns, federal, court, texas, abortion
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2022-06-20
Tuesday, 20 December 2022 05:06 PM
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