This weekend, California Democratic Governor Gavin Newsom shared a public message of support for the idea of enacting a law in his state that would allow for lawsuits from private citizens against those manufacturing or selling certain assault rifles or “ghost guns” (meaning firearms without serial numbers). Such a move would use the same legal mechanism upon which Texas officials have relied for their infamous abortion ban. The Texas law, which bans most abortions in the state, provides for private lawsuits against those suspected of being involved in the obtaining of an illegal abortion, and the U.S. Supreme Court has now once again allowed the law to stand while legal challenges unfold — so Newsom is hoping to use its methods to uphold public safety in the meantime.
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
California has a ban on certain assault weapons that’s already on the books and apparently remains there, but a federal judge ruled against that measure earlier this year, although the case has since moved on to an appeal. The judge handling that earlier case compared AR-15 rifles to Swiss Army knives, and accordingly, Newsom commented as follows this week:
‘I am outraged by yesterday’s U.S. Supreme Court decision allowing Texas’s ban on most abortion services to remain in place, and largely endorsing Texas’s scheme to insulate its law from the fundamental protections of Roe v. Wade. But if states can now shield their laws from review by the federal courts that compare assault weapons to Swiss Army knives, then California will use that authority to protect people’s lives, where Texas used it to put women in harm’s way.’
SCOTUS is letting private citizens in Texas sue to stop abortion?!
If that's the precedent then we'll let Californians sue those who put ghost guns and assault weapons on our streets.
If TX can ban abortion and endanger lives, CA can ban deadly weapons of war and save lives. https://t.co/N5Iur9PEUZ
— Gavin Newsom (@GavinNewsom) December 12, 2021
Newsom added on Saturday that he has “directed [his] staff to work with the Legislature and the Attorney General on a bill that would create a right of action allowing private citizens to seek injunctive relief, and statutory damages of at least $10,000 per violation plus costs and attorney’s fees, against anyone who manufactures, distributes, or sells an assault weapon or ghost gun kit or parts in the State of California.” It could take some time for such a law to be enacted, even with Democratic control of the California state government in place — but the process sounds like it’s beginning. Read more here.
Hey Senate Democrats, be more like Gavin Newsom. Fight fire with fire and get stuff done already.
— Dr. John Biggan (@Biggan4Congress) December 12, 2021
Although the Supreme Court allowed the Texas abortion law to stand, it also allowed for legal challenges against certain licensing officials in the state to continue. The officials in question would be tasked with undertaking retaliatory action against medical facilities found to have violated the abortion ban. The majority on the court, however, opted against allowing for legal challenges against other officials in the state over the law. The fact that enforcing the ban has been largely pushed off onto private citizens at-large has meant that court battles over the law have had new questions to tackle.
“If states can now shield their laws from review by the federal courts that compare assault weapons to Swiss Army knives, then California will use that authority to protect people’s lives, where Texas used it to put women in harm’s way,” @GavinNewsom #caleg
— Shannon Watts (@shannonrwatts) December 12, 2021
