U.S. District Court Judge Roger Benitez of the Southern District of California struck down a “fee-shifting” scheme mirroring a Texas heartbeat law. The “fee-shifting” elements of the law originally allowing private citizens to sue firearm manufacturers is now declared to be unconstitutional. The Texas abortion law, serving as the model for the California gun legislation, authorized private citizens to file lawsuits against abortion providers aiding in abortion post-heartbeat detection for $10,000.
From Fox News:
Newsom called on the California legislature to enact a similar law for guns days after the Supreme Court ruled than the Texas heartbeat law could remain in effect following a legal challenge. California's gun law also creates a private right-of-action for citizens to sue gun manufactures who make "assault weapons and ghost guns" for $10,000. Newsom described the law as virtually identical to the Texas provisions, but Benitez wrote that "California's law goes even further." He observed that the gun control statute denies a prevailing plaintiff attorneys fees. Further, Benitez emphasized that only the California measure "applies to laws affecting a clearly enumerated constitutional right set forth in our nation's founding documents." ... "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," Newsom said in a statement Monday. "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."
