LOS ANGELES (CBSLA) – Governor Gavin Newsom’s new proposed law on gun control in California is more loaded than one might think.
Newsom released a statement on Saturday that laid out the foundation for a plan to implement a new law in California that would give individuals the right to sue sellers, distributers and makers of ghost guns or assault rifles.
READ MORE: Los Angeles Mayor Candidates Hold First Public ForumAngered by the recent United States Supreme Court decision to uphold Texas’s state law that would ban most abortion services and provide private citizens the opportunity to sue anyone who helps a woman get an abortion – doctors included, Newsom indicated that their law would be the model for California’s new proposed gun law.
The statement Newsom released reads as follows:
“I am outraged by yesterday’s U.S. Supreme Court decision allowing Texas’ 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.
I have directed my 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. If the most efficient way to keep these devastating weapons off our streets is to add the threat of private lawsuits, we should do just that.”
Already incensed by the prospect of the hearing taking place, Governor Gavin Newsom offered sanctuary to anyone seeking reproductive care prior to the Supreme Court decision. He opened this potential sanctuary to all states, as nearly half of the states in America are poised to ban abortion as soon as 2022.
Jessica Levinson, a law professor at Loyola Law School, indicated that this response was expected, but predictions couldn’t pinpoint which Blue State governor the first move was going to be from.
Newsom’s prompt response on Saturday evening was the first of what she suggests could be many. Levinson also reported that this was expected by even the Supreme Court members, and those lobbying for the Texas law to be upheld:
“During the oral arguments in the Texas case before the Supreme Court, the advocates brought up that this could happen. That it could be a left-winging state, that said now we want to create a private right of action to enforce this constitutionally dubious law.”
She also clarified that Newsom wouldn’t be the only governor to try and run with this new idea, and that it may not even be his last attempt.
READ MORE: USC Student Remembered After Being Killed In Street Racing Incident On Saturday“It’s basically open season for other states – both red states and blue states – frankly, to try and implement the roadmap that the Supreme Court gave us last week when it comes to passing these laws where you create a private right of action, where private individuals enforce those laws. I think governors on both sides of the aisle are going to try and say ‘Okay, Supreme Court: We’ll take you at your word, we’ll go ahead and try this.’ Again, I think the Supreme Court will find a way for those laws that they want to stop – to distinguish them from Texas’s law.”
Up until June, California had a longstanding ban on assault style weapons that spanned over decades. That was the case until a federal judge overturned that decision on it’s “unconstitutionality.”
RELATED: Governor Newsom To Use Supreme Court Decision As Means To Go After Gun Makers
Now, Newsom hopes to pass a law that would call definition of the Constitution into greater question – using the Texas law as template for his new plans, allowing private citizens to take matters into their own hands when necessary.
While the law could likely pass through California legislation quite easily, it would be opposed at a national level by many.
However, Levinson made it clear that even though the Texas law was passed under the same supposed groundwork these governors could be using for their own laws, it won’t be as easy as it sounds:
“I very strongly suspect that even though when it came to the Texas case, the Supreme Court essentially gave the roadmap for states saying: ‘here’s how you can pass laws that are unconstitutional or constitutionally dubious, or in question and insulate them from judicial review,’ I have a very strong feeling that this Supreme Court will find a way to distinguish California’s law about gun control from Texas’s law about abortion rights. Which means, that the Supreme Curt will say, well for California’s law it’s different. So federal courts can review that law and maybe strike that law down.”
Los Angeles County previously passed a ban on all ghost guns in November. The ban made it illegal to possess, purchase, sell, and transport the non-serialized, unfinished frames, unfinished receivers of firearm kits and/or non-serialized firearms.
MORE NEWS: Omicron Latest: "It's Going To Lead To A Large Number Of Cases"Governor Newsom would appear to have some people with higher power on his side, as President Joe Biden issued an executive action in April that directed the Department of Justice to establish a set of rules that would stop the rising number of ghost guns in the United States.
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