Top Democrat Signs “Dirty Trick” On Gun Laws
(RightWing.org) – If you can’t beat ‘em, join ‘em appears to be the new mantra of Democrats in California. The US Supreme Court (SCOTUS) recently ruled that New York couldn’t place unconstitutional restrictions on gun owners. That infuriated the Left as the court’s opinion nullified numerous laws across the country. When the high court allowed a Texas abortion law allowing citizens to sue abortion enablers, California Democrats decided they could model the Texas abortion law to curb the Second Amendment.
On Friday, July 22, California far-left Democratic Gov. Gavin Newsom signed a bill into law that would allow citizens to sue the gun industry. There are numerous legal questions. Abortion is not an enumerated right in the US Constitution, yet the Second Amendment guarantees the right to bear arms. That’s not stopping Newsom and state Democrats from challenging the SCOTUS in an admitted workaround of the US Constitution.
Newsom Signs Controversial Gun Law
The Left in California is intent on changing the Second Amendment. They say if the SCOTUS is going to be consistent, it must allow them to tweak the Texas abortion law to apply it to guns.
The Texas law allows an individual to sue those who “aid and abet” those who seek an abortion within the state. When the high court overturned Roe v. Wade at the end of June, it decreased the importance of the law, but didn’t nullify it. Now, Newsom plans to weaponize the SCOTUS ruling to benefit his anti-gun agenda.
If states can shield their laws from review by federal courts, then CA will use that authority to help protect lives.
We will work to create the ability for private citizens to sue anyone who manufactures, distributes, or sells an assault weapon or ghost gun kit or parts in CA. pic.twitter.com/YPBJ00vN6z
— Office of the Governor of California (@CAgovernor) December 12, 2021
The governor stated that in California, one can’t manufacture or transfer ownership of illegal “weapons of war.” If one does, under the new law, SB-1327, 40 million state residents can sue for $10,000 plus attorney fees.
Californians can now go after those who manufacture, supply, sell, or transport assault-style rifles. In addition, they can also sue those with a gun that does not have a serial number, homemade ghost guns, and some .50 caliber guns. The new law also allows citizens to file lawsuits against gun manufacturers and distributors that sell a firearm to anyone under 21 years of age.
How Does the Texas Abortion Law Apply to California’s Gun Law?
Texas officials argue that the Texas Heartbeat Act doesn’t use government resources to enforce the law. Instead, private citizens take action. California state Sen. Bob Hertzberg (D) told the Wall Street Journal he didn’t like the Texas law. Yet, if the SCOTUS allowed the framework to make abortion illegal, then California could use it to protect citizens from gun violence.
Still, there are legal questions about California’s use of the framework. First, does it violate the Second Amendment right to gun ownership? Second, does the law violate the Protection of Lawful Commerce in Arms Act (PLCAA)? President George W. Bush signed the PLCAA into law in 2005, which shields the gun industry from almost all civil liabilities. It prohibits people from suing manufacturers, distributors, and dealers of guns and ammunition.
The PLCAA allows only six exceptions to civil immunity:
- If the gun industry “knowingly transferred” a firearm to a convicted criminal and knew the gun would be used to commit a violent crime.
- The seller committed a negligent act by allowing a person to purchase a gun who isn’t equipped to use it properly.
- The manufacturer or seller of a gun knowingly violated the sale or marketing of a firearm in violation of federal or state laws.
- The gun manufacturer breaches a contract or warranty related to the purchase of a firearm.
- If there was a defect in design that led to death, injury, or property damage.
- If the attorney general enforces the Gun Control Act or National Firearms Act.
No federal court has upheld a challenge to the PLCAA. So, the question is, does California’s new law violate federal law? If so, does federal law supersede state law? Or could this just be a political stunt by Newsom and the Left to further their agenda?
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