Stop The Infringement: Judge SHUTS DOWN California Gun Control Scheme

By Ryan Canady | Thursday, 22 December 2022 07:25 PM
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Stop The Infringement: Judge SHUTS DOWN California Gun Control Scheme

A federal judge has stepped in and blocked a California law that would have enforced a gun control scheme in the state.

The law is based on the Texas law that sought to ban abortion in the Lone Star State.

U.S. District Court Judge Roger Benitez of the Southern District of California issued an injunction on Monday against the law that Governor Newsom attempted to pass. This is based on reporting by Fox News.

The judge wrote the following in his opinion:

“‘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.’”

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He borrowed from some of Newsom’s criticisms of the Texas abortion law.

The Texas law makes abortion illegal after a heartbeat can be detected in the fetus. It also provides a $10,000 award for private citizens to sue any provider of abortion services in the state.

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California’s law would have allowed private citizens in that state to sue gun manufacturers and others for the same $10,000 bounty. However, that law will not go into place because the judge has struck it down.

Judge Benitez also said:

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“Whether these distinctions are enough to save the Texas law fee-shifting provision from judicial scrutiny remains to be seen.”

and

“And although it would be tempting to comment on it, the Texas law is not before this Court for determination.”

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Fox News reports that this decision will likely set the case on a path for the Supreme Court. That is the outcome that Newsom wanted when he set up the law in the first place.

Governor Newsom said the following in a statement:

“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.”

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He continued by saying:

“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’ S.B. 8. There is no longer any doubt that Texas’ cruel anti-abortion law should also be struck down.”

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