California’s Attorney General Jumps Ship on Defending Unconstitutional State Law

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BELLEVUE, WA – -(AmmoLand.com)-The California Attorney General’s office has stepped away from defending the constitutionality of the state’s new “fee-shifting” law related to legal challenges of gun laws, and as a result, Gov. Gavin

has hired a private law firm to intervene in two legal actions, Miller v. Bonta and South Bay Rod & Gun Club, Inc., v. Bonta. The defendants’ supplemental brief may be read here.

Miller v. Bonta is a case brought by the Second Amendment Foundation, Firearms Policy Coalition, Inc., and several other plaintiffs. Rob Bonta is California’s attorney general. South Bay Rod & Gun Club, Inc. v. Bonta is a case brought by the Citizens Committee for the Right to Keep and Bear Arms, California Rifle & Pistol Association, and several other plaintiffs. Both cases are in U.S. District Court for the Southern District of California.

Attorneys for both legal actions received word from Newsom’s attorney the Attorney General’s office had advised the governor “that it did not intend to defend the validity” of the contested section of the law.

SAF founder and Executive Vice President Alan Gottlieb said this unusual development suggests the state’s position is in trouble.

“As noted in the defendant’s supplemental brief to the federal court,” Gottlieb said, “the Attorney General ‘is not in a position to defend the merits of a provision that is indistinguishable in relevant part from a provision that he has opined is unconstitutional.’ Bonta is in something of an embarrassing bind. He can’t defend a law that is nearly a mirror image of a Texas statute he has already declared is unconstitutional.

“It’s going to be interesting to see how the governor’s attorney will defend a law California’s attorney general has essentially declared bogus by its similarity to another state’s law he stated is unconstitutional,” Gottlieb said.

The Attorney General’s supplemental brief informing the court that they will not defend the statute clearly acknowledges California’s statute was “a reaction to” the Texas law, which deals with abortion. In an attempt to retaliate, Newsom has tried to penalize gun rights groups, plaintiffs and their attorneys.

“This is what happens when you try to be too clever by half by using low-caliber legal arguments.” Gottlieb said.


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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J.galt

Beside the totalitarian nature of crapistan and the absolute sh*t hole that is ca…….

Is this an acknowledgement that (the) state attorneys are not the sharpest knives in the drawer?

MP71

I’ve long held the belief that the CA DOJ is the landing spot for the C- law students that needed multiple attempts to pass the BAR. They’re so thrilled to get a job they’ll happily s**t all over the 2A.

Bubba

If Commiefornia has An AG afraid to go against Bruen and Heller now. You know Thomas has done good with his Opinion.
It’s like a slow clap.
It started with Bruen and the dominoes begin to fall.
If anyone thinks these communist DA’s, AG’s and Legislators don’t know what they do is unconstitutional I have some beach front property in Las Vegas to sell you.

Does anyone but me miss the old days when the mob would just erase political problems like the insane media, progressives politicians, and the Rinos?

Bill

Shocking to learn of some integrity in Ca AG office! Praise God!

CourageousLion

IT’s a glitch. He just doesn’t want to look bad.

J.galt

Integrity?!?!?!

it is to laugh!

DIYinSTL

Defending the “fee-shifting” law would be tantamount to defending that portion of Texas’s anti-abortion law and CA’s pro-choice position is likely more meaningful to them than yet another anti-gun bill. And then there is the fact that SCOTUS is already looking at the Texas “fee-shifting” with a jaundiced eye.

Dubi Loo

Dims like Gruesome need to go back to 7th grade. Nowhere in the Constitution does the word “Abortion” appear. The phrase “shall not be infringed” does.

MICHAEL J

So what does Newsom’s attorneys know that the state’s AG doesn’t? More taxpayers money flushed down the drain. Last term for this idiot, but a lot of damage can happen as we’ve already seen at the federal level.

CaptainR

Please help me understand this – so essentially Newsom is signing laws that are clearly unconstitutional as retaliation to residents of a different state, and on top of that he is punishing law abiding residents of California with new restrictions on firearms. When will the people stand up and stop this nonsense?

musicman44mag

It amazes me how much power has been given to a governor. I’ll fight anything that supports anything that I don’t want. I will do decrees, hire attorneys at the peoples expense and have it my way no matter what. If I want illegal’s, then we will harbor them, if I want to control you with a mask, then I will control you while I break my own rules I set for the surfs, if I want to control your guns, mags and ammo I will do so no matter what needs to be done. Why? because I have the… Read more »

Ledesma

Each new assault against the US2A should be countered with heavy attacks against abortion and chronic public protest!

Last edited 1 month ago by Ledesma
Oldvet

All red states should send all of the illegals they are receiving along with all of their homeless to that sanctuary state !!!