California Governor Gavin Newsom announced Saturday plans to introduce legislation modeled after Texas’s controversial abortion ban to reduce the amount of weapons in the state. Governor Newsom argues that adding the threat of private lawsuits against gun manufactures is the most efficient way to keep guns off the streets in California.
The proposed legislation is designed to mimic the Texas Heartbeat Act, otherwise known as Texas Senate Bill 8, which California Governor Newsom strongly opposes for its procedural complexity and its ability to frustrate lawsuits challenging its constitutionality. The Texas bill declares that it is illegal to perform an abortion six weeks after pregnancy and leaves the state without a direct role of enforcing the ban. Instead, SB 8 authorizes private lawsuits in state courts against anyone who aids in abortion after the six week mark.
The tactic of the anti abortion bill is the technicality that the state is not enforcing the law, but instead is enforced through private litigation. Governor Newsom plans to use this same tactic to circumvent federal court review over Californians’ second amendment rights. Governor Newsom’s proposal would empower citizens to sue manufactures of assault weapons and “ghost guns” – firearms made from kits – and be awarded at least $10,000 in addition to attorney fees if plaintiffs win their case.
This proposal comes after federal district court judge Robert Benitez overturned California’s ban on assault weapons in June. In 2019 Benitez blocked a law requiring Californians to complete background checks before purchasing ammunition. In 2017 Benitez also ruled against a ban on gun magazines with a capacity of more than ten bullets.
This blog post is part of the CIMA Law Group Blog. If you are in need of legal help, the CIMA Law Group is a law firm in Phoenix, Arizona which possesses expertise in Immigration Law, Criminal Defense, Personal Inquiry, and Government Relations.
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