SAN DIEGO —
The U.S. Supreme Court’s decision allowing Texas’s ban on most abortion services to remain in place has Governor Gavin Newsom pledging a new California law that allows people to sue assault weapon manufacturers and sellers. This announcement has the San Diego County Gun Owners concerned.
“This seems pretty vindictive towards people who are just trying to exercise their second amendment rights,” said Michael Schwartz the Executive Director of SDCGO - a political organization that focuses on Second Amendment issues at the local level.
“If he believes that they are infringing on a constitutionally protected right in Texas and he's OK with infringing on a constitutionally protected right in California it's extremely hypocritical, ” said Schwartz.
California’s longstanding ban on assault weapons was overturned by federal district court judge, Robert Benitez, in June.
Gov. Newsom tweeted in response to the U.S. Supreme Court’s decision to allow the new Texas abortion law to stand:
“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."
Schwartz doesn’t believe what Newsom is trying to accomplish with this new law will stop criminals but instead infringe on law-abiding citizens who own firearms.
“There has already been court cases and federal laws on the books that protect firearm manufacturers from being sued by a victim of crime,” said Schwartz.
“What Governor Newsom is trying to do, assuming there is a federal constitutional right to abortion since there is also a federal constitutional right to bear arms, like the state of Texas did with respect to abortion, allow private citizens to sue anybody who aids and abets in the manufacturing of assault weapons,” said local attorney Dan Eaton.
“The argument would be if you are going to allow a workaround with one constitutional right, you have to allow the same workaround in respect to another constitutional right,” said Eaton.
Newsom's gun proposal law would allow private citizens to sue and seek 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. Newsom would first have to pass California's state Legislature before it could become law. The Legislature is not in session now and is scheduled to reconvene in January.
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