SAN DIEGO, CA (September 27, 2022) – Today, Firearms Policy Coalition (FPC) announced the filing of a new lawsuit challenging the provisions in California SB 1327 that are designed to suppress and chill legitimate challenges to firearms regulations and were enacted as retribution for Texas’s SB 8 abortion law. The complaint in Miller v. Bonta (Miller II) can be viewed at FPCLegal.org.
“On July 22, 2022, Governor Newsom signed into law Senate Bill 1327, which includes a one-way fee-shifting penalty in the government’s favor that applies solely to litigation challenging state and local firearm regulations,” details the complaint. “In simple terms, Section 1021.11 enables government defendants to recover fees if a firearms plaintiff loses on any claim in the case, while the plaintiff can only avoid liability for fees if it prevails on every claim in the case. Firearms plaintiffs, moreover, cannot be ‘prevailing parties’ under Section 1021.11, meaning they are never entitled to fees.”
“Section 1021.11 is not even rationally related to any legitimate government interest and therefore would fail even rational basis review,” the complaint goes on to argue. “As noted above, SB 1327 was apparently adopted in retaliation for Texas’s SB 8 in connection with abortion statutes. Retaliation is not a rational justification for the classifications in this case and, indeed, is an utterly impermissible justification.”
“The SB 1327 fee-shifting provision is perhaps California’s most bald-faced and unconstitutional attack on the Right to Keep and Bear Arms to date,” said FPC Director of Legal Operations Bill Sack. “Adopting legal mechanisms that he himself publicly professed violated the Constitution, Gavin Newson’s latest immoral and unlawful attempt to chill the rights of the people will not be left unchallenged.”
Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.
FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.