California Fails in Court To Block Case Challenging New Gun Control Laws

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BELLEVUE, WA – -(AmmoLand.com)- A federal judge in San Diego has rejected an attempt by the State of California to moot a Second Amendment Foundation lawsuit seeking to overturn a Golden State statute designed to penalize any plaintiffs, and their attorneys, in cases challenging California gun control laws.

The case is known as Miller v. Bonta.

The eight-page order was signed by District Judge Roger T. Benitez.

Second Amendment Foundation’s initial lawsuit challenges what it calls a “one-way fee shifting penalty” in California’s new gun control law that was adopted as a response to, and was modeled upon’ a Texas statute on abortion, which the defendants argued was unconstitutional, according to SAF founder and Executive Vice President Alan M. Gottlieb. SAF and its partners have asked for a preliminary injunction in their federal challenge of the law.

Second Amendment Foundation is joined by James Miller, for whom the lawsuit is named, plus Ryan Peterson, John Phillips, Gunfighter Tactical, LLC, the San Diego County Gun Owners Political Action Committee, PWGG, L.P., the California Gun Rights Foundation, and the Firearms Policy Coalition, Inc. plus John W. Dillon at the Dillon Law Group, P.C.; and George M. Lee.

“California wants it both ways,” Gottlieb observed. “The state believes the Texas abortion statute is unconstitutional, yet it adopted a gun control law that mirrors the language in the Texas law and contends it is legal. Obviously, Judge Benitez saw right through that flimsy sham and refused to moot our challenge of the California statute.”

In his ruling, Judge Benitez observed, “The enactment of (the California statute) is presently tending to insulate California firearm regulations from constitutional review. Individuals, associations, and attorneys who ordinarily represent such clients are refraining from seeking judicial relief from California regulations that they believe conflict with federal constitutional rights.

The injuries are concrete and particularized, actual and imminent, and not conjectural or hypothetical.”

“Long story short,” Gottlieb said, “we’re going to move forward in our lawsuit because California cannot be permitted to use the law to suppress constitutional challenges to its increasingly radical gun control schemes.”

Federal Judge Rules Against Cal’s Attempt To Moot Gun Case ~ 2022 09 26 Miller v Bonta Compl FILED


About Second Amendment Foundation

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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Montana454Casull

The second amendment is a right protected under the constitution and abortion or murdering babies is not . It’s that simple . F☆ck California , I wish it would fall into the ocean.

Finnky

Mark Smith at Four Boxes Diner did a video on this. Among other things he highlights Judge Benitez’s comment that he is surprised the ABA hasn’t joined in this suit as it makes lawyers directly responsible for legal defense bill against them – which could easily hit $1M on a large case. This law has implications way beyond gun laws in that they are basically making it impossible to petition government on a disfavored subject. If law is allowed to stand, there is nothing to prevent similar laws on any or all other subjects. Personally, I think ACLU should get… Read more »

swmft

people will be forced to rely on the second amendment not the courts

Ansel Hazen

The sooner we start listening to what the Founding Fathers told us to do the sooner we can get about living in freedom the way those learned gents envisioned it should be.

DIYinSTL

“The sooner we start listening to what the Founding Fathers told us to do” … and what they told the government to NOT do!

MP71

I wouldn’t hold my breath waiting for ACLU to step up and fight for gun rights.

old guy

Reply to 454
Several years ago scientists estimated eveything west of the San Andreas fault would be an island in about 50,000 years. You may get your wish.
Be patient. 🙂

nrringlee

When fascism comes to America it will do so under the banner of the “Progressive” movement. Silencing opposition by any means necessary is a key component in upending the concept of liberty based in Natural Rights. Block the courts, suppress the free exercise of rights and put up a wall of Jim Crow impediments and you effectively enslave a population. That is the goal of California New Left Progressives. Now, shut up and mask up. Silence is golden in a progressive utopia.