California citizen gun control law struck down by federal judge

© Provided by Washington Examiner California Gov. Gavin Newsom who said that the California law was created to "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."

A California federal judge has blocked the state from enforcing a law that allows private citizens to bring lawsuits against manufacturers, declaring the law unconstitutional.

In his opinion, U.S. District Court Judge Roger Benitez wrote that the "fee-shifting" provisions of the state's gun law, Senate Bill 1327, is an "unprecedented attempt to thrwart judicial review."

"'It is cynical.' ‘It is an abomination.’ ‘It is outrageous and objectionable.’ ‘There is no dispute that it raises serious constitutional questions,'" Benitez wrote, quoting California Gov. Gavin Newsom's comments on a similar-style law in Texas.

On Dec. 8, a Texas state court threw out a lawsuit against a doctor who violated state law that prohibits abortions. Under Senate Bill 8, private citizens are able to bring lawsuits against doctors or anyone that participates in aiding and abetting an abortion. However, the Texas state court's ruling set a precedent that the citizens need to have been directly affected by the situation in order to bring a lawsuit.

CIVIL SUIT FILED AGAINST TEXAS DOCTOR WHO VIOLATED ABORTION BAN IN THE FIRST TEST OF LAW'S CONSTITUTIONALITY

In California, the gun law creates a private right-of-action for citizens to sue manufacturers for $10,000, the same amount the Texas law provision allows.

Benitez's ruling is the exact outcome Newsom desired. Shortly after the U.S. Supreme Court ruled that Senate Bill 8 in Texas could remain in effect, Newsom asked the California legislature to create a similar gun law.

His office said in a statement that the California law was 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."

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Newsom said it is "hypocritical" to allow Texas to use procedural rules to shield its laws from review but deny California the ability to enact the "very same rules" in its laws.

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

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Tags: California, Gun Control, Court, Gavin Newsom, News

Original Author: Rachel Schilke

Original Location: California citizen gun control law struck down by federal judge