27 December 2022

Federal Judge versus California Gun Ban

I guess I'm not surprised that I didn't see this in the national media. They tend to ignore whatever they don't like. Federal judge to block part of California gun law modeled after Texas abortion ban

The part of the bill — signed by Newsom in July and set to take effect Jan. 1 — being challenged was a fee-shifting provision that would make it extremely financially risky to bring any lawsuit fighting California’s strict gun laws. Just as Texas lawmakers had used the provision to shield their abortion law from legal challenges, the California provision made it so any individual or group challenging a Second Amendment regulation would have to win each and every one of their claims, or else pay the government’s legal fees.

U.S. District Judge Roger Benitez, calling such fee-shifting provisions “abhorrent,” issued a tentative oral ruling siding with the gun-rights groups challenging the provision in two separate lawsuits. He said he’ll formalize his tentative ruling with a written order issuing an injunction that bars the enactment of California’s fee-shifting provision.

After the recent SCOTUS ruling in New York, a lot of California's gun laws are under "review."

The Left HATES the Second Amendment to the Constitution.

Hat tip to Jews Can Shoot.

The impending injunction comes at a crucial time for California’s strict gun laws, which are undergoing new or revived legal challenges thanks to the U.S. Supreme Court’s ruling earlier this year in a New York concealed weapons case. If plaintiffs and their attorneys were constantly under threat of having to pay the government’s legal bills, it would have severely restricted their ability to challenge California gun regulations, such as laws that ban assault weapons or homemade firearms.

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