OPINION: This article may contain commentary which reflects the author's opinion.
Gov. Gavin Newsom has signed a new gun measure sent to him by the state’s Democratic supermajority legislature that is already considered likely to wind up before the U.S. Supreme Court.
The measure is modeled after the state of Texas’ so-called abortion “heartbeat” law.
SB-1327 states that “[a]ny person, other than an officer or employee of a state or local governmental entity in this state, may bring a civil action against any person” who knowingly violates California gun law banning assault weapons or firearm parts, The Daily Wire reported.
Someone can also be sued who “[k]nowingly engages in conduct that aids or abets” a violation of the law, “regardless of whether the person knew or should have known that the person aided or abetted would be violating [it],” or “[k]nowingly commits an act with the intent to engage in the conduct described,” the measure says.
The Daily Wire explains further:
Lawsuits can be brought for at least $10,000 for each weapon or gun part. A licensed gun dealer can also be sued for selling a gun to someone under 21 years old.
“It’s ludicrous. I don’t think there’s a prayer of a chance that this will stand judicial scrutiny,” Sam Paredes, executive director of Gun Owners of California, told the outlet.
“This law opens up the ability for anybody to sue anyone in the lawful firearms commerce chain — from dealers, distributors, all the way to manufacturers — when someone misuses a firearm that they manufactured or sold in a criminal manner, and that is clearly unconstitutional,” he noted further.
He pointed to the “Protection of Lawful Commerce Act,” which he says “prevents people from filing these types of frivolous lawsuits where they’re looking for nothing more than a deep pocket.”
“If they’re really looking to reduce crime in California, why aren’t they going after knives or fists where more people are killed annually nationwide with knives and fists and other, other things than they are with firearms?” Paredes pointed out.
“But they hate guns. They hate the Second Amendment, and that’s why they chose this subject matter,” he continued, noting further that his group is prepared to join with other organizations to challenge the law in court.
“This kind of law will have absolutely no impact on criminal acts with firearms or gun-related deaths in any way, shape, or form. The only thing that this will allow is for anyone who is a victim of gun crimes will be able to sue the manufacturers of the firearms that were used in their victimization,” Paredes told The Daily Wire. “That’s like saying you get involved in an accident with a drunk driver, and because the drunk driver was driving a Ford, the victim has the opportunity to sue Ford…”
As for whether the law will make it to the Supreme Court, Newsom expects that it will and he said as much in remarks following his signing of the bill, while also appearing to take a swipe at the high court’s legitimacy.
“We believe this will be litigated in the Supreme Court and we believe the Supreme Court will be challenged. Because if there’s any principle left whatsoever — and that’s an open-ended question — with this Supreme Court, there is no way they can deny us the right to move in this direction,” he said on Friday.
Meanwhile, Newsom has begun running ads in Texas blasting Republican Gov. Greg Abbott in the wake of the horrific massacre in Uvalde where a teen gunman killed 19 students and two teachers at Robb Elementary School last month amid a series of security failures involving school staff and a lengthy hesitated response by some 400 law enforcement officers on the scene.
“If Texas can ban abortion and endanger lives, California can ban deadly weapons of war and save lives,” Newsom tweeted, claiming that Abbott “should follow California’s lead” if he “truly wants to protect the right to life.”
— Gavin Newsom (@GavinNewsom) July 22, 2022
