A federal judge struck California’s gun control scheme, halting its implementation, calling it an “abomination” and unconstitutional.
The California government is blocked from enforcing the said scheme after the US. District Court Judge Roger Benitez of the Southern District of California ruled on Monday that the “fee-shifting” provisions of California’s gun law is unconstitutional.
This comes after California Democratic Gov. Gavin Newsom signed the bill early this year which would allow California residents, local governments, and the state’s attorney general to file lawsuits against gun manufacturers for the crimes committed using the weapons brought from them.
According to the reports, the Firearm Industry Responsibility Act will also ban the sale and manufacture of firearms that are “abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in California.”
However, Judge Benitez ruled it as unconstitutional.
Governor @GavinNewsom issued the following statement after a U.S. District Court deemed provisions of California’s gun safety law unconstitutional. pic.twitter.com/x7CR8hbvDw— Office of the Governor of California (@CAgovernor) December 20, 2022
In his opinion, the Federal Judge claimed that “it is cynical. It is an abomination. It is outrageous and objectionable. There is no dispute that it raises serious constitutional questions. It is an unprecedented attempt to thwart judicial review.”
In an exclusive report published by Fox News, the news outlet explained that “this fee-shifting mechanism was designed to protect the 2021 law from judicial review to circumvent the Supreme Court’s old abortion precedent in Roe v. Wade. The high court has since overturned that precedent, permitting states to restrict, or liberalize, abortion.”
Prior to the signing of the bill, Newsom reportedly called on the California legislature to make a similar legislative act as the Texas heartbeat law in effect after a legal challenge.
Newsom claimed that the gun law would authorize citizens to sue gun manufacturers who make “assault weapons and ghost guns” for $10,000, adding that this would be virtually the same as the provisions in Texas.
However, Benitez ruled against the law, claiming that “California’s law goes even further,” noting that only the California measure “applies to laws affecting a clearly enumerated constitutional right set forth in our nation’s founding documents.”
“Whether these distinctions are enough to save the Texas law fee-shifting provision from judicial scrutiny remains to be seen. And although it would be tempting to comment on it, the Texas law is not before this Court for determination.” Benitez wrote.
After that, Governor Newsom responded to Judge Benitez’ ruling in a statement he recently released on Monday.
“I want to thank Judge Benitez. We have been saying all along that Texas’ anti-abortion law is outrageous. Judge Benitez just confirmed it is also unconstitutional. 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.” Newsom said in a statement Monday.
