Judge to halt provision making California gun suits costlier
SAN DIEGO (AP) — A federal judge on Friday said he will block part of a new California measure that critics say was designed to make it nearly impossible to challenge the state’s gun laws in court.
U.S. District Judge Roger T. Benitez said he plans to issue an injunction because the law would force people who challenge any of California’s famously restrictive gun laws to pay the government’s legal fees if they lose.
Benitez said this would have a “chilling effect” on the public’s right to challenge the government in court because people would not want to take the risk of being liable for expensive legal fees.
“I can’t think of anything more tyrannical,” Benitez said.
Benitez has not officially issued his ruling yet, but announced his decision during a hearing at a federal courthouse in San Diego. His ruling would not block the entire law, but only the part about paying legal fees.
The provision is part of a California law set to take effect next year. In addition to requiring anyone who challenges any state gun laws to cover the state’s legal fees if they lose, it also allows private citizens to sue people who violate those rules.
The law is modeled after a Texas measure passed in 2021 that aimed to enforce that state’s ban on most abortions. It empowers private citizens to enforce the ban by filing lawsuits in civil court.
After the U.S. Supreme Court allowed the Texas law to stay in effect, Democratic California Gov. Gavin Newsom convinced the state Legislature to pass a similar law, only instead of banning abortions it would ban the sale of some assault weapons, parts that can be used to build weapons, guns without serial numbers, or .50-caliber rifles. Private citizens could sue anyone who violates those rules.
Newsom has been clear that he believes the Texas law to be unconstitutional. But he has said that if the federal courts allow it to stand, then California will take the same idea and use it for their purposes. In court on Friday, Newsom’s lawyers noted California does not plan to enforce the law unless the Texas law is upheld.
Benitez, who was appointed to the court by former Republican President George W. Bush, dismissed that argument.
“We’re not in a kindergarten sandbox. It’s not about, ‘Mommy he did this to me so I should be able to do this to him,’” Benitez said.