海角大神

California governor models Texas abortion law to ban gun sales

Drawing on a Texas law to ban abortions, California Gov. Newsom wants to empower private citizens to enforce a ban on the sale of assault weapons.

|
Rich Pedroncelli/AP/File
Gov. Newsom speaks in Sacramento, California, Sept. 14, 2021. Mr. Newsom on Saturday, Dec. 11 pledged to empower private citizens to enforce a ban on the manufacture and sale assault weapons in the state.

California Gov. Gavin Newsom on Saturday pledged to empower private citizens to enforce a ban on the manufacture and sale of assault weapons in the state, citing the same authority claimed by conservative lawmakers in Texas to outlaw most abortions once a heartbeat is detected.

California has banned the manufacture and sale of many assault-style weapons for decades. A federal judge聽overturned that ban in June, ruling it was unconstitutional and drawing the ire of the state鈥檚 Democratic leaders by comparing the popular AR-15 rifle to a Swiss Army knife as 鈥済ood for both home and battle.鈥 California鈥檚 ban remained in place while the state appealed.

Meanwhile, Republican lawmakers in Texas this year passed a law banning abortions after a fetal heartbeat is detected, which normally occurs at about six weeks into pregnancy. The Texas law allows private citizens to enforce the ban, empowering them to sue abortion clinics and anyone else who 鈥渁ids and abets鈥 with the procedure.

Friday, the U.S. Supreme Court allowed the Texas law to聽remain in effect聽while abortion clinics sue to block it. That decision incensed Mr. Newsom, a Democrat who supports abortion rights.

鈥淚f 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鈥檚 lives, where Texas used it to put women in harm鈥檚 way,鈥 Mr. Newsom said in a statement released by his office at 7 p.m. on Saturday.

Mr. Newsom said he has directed his staff to work with the state鈥檚 Legislature and its Democratic attorney general to pass a law that would let private citizens sue to enforce California鈥檚 ban on assault weapons. Newsom said people who sue could win up to $10,000 per violation plus other costs and attorneys fees against 鈥渁nyone who manufactures, distributes, or sells an assault weapon鈥 in California.

鈥淚f 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,鈥 Mr. Newsom said.

The legal fight over the Texas abortion law has focused on its unusual structure and whether it improperly limits how the law can be challenged in court. Texas lawmakers handed responsibility for enforcing the law to private citizens, rather than state officials.

The case raised a complex set of issues about who, if anyone, can sue over the law in federal court, the typical route for challenges to abortion restrictions.

Mr. Newsom鈥檚 gun proposal would first have to pass California鈥檚 state Legislature before it could become law. The Legislature is not in session now and is scheduled to reconvene in January. It usually takes about eight months for new bills to pass the Legislature, barring special circumstances.

State Sen. Brian Dahle, a Republican from Bieber, would oppose the plan but predicted it could probably pass California鈥檚 Democratic-dominated state Legislature. He said the proposal was most likely a stunt for Mr. Newsom to win favor with his progressive base of voters ahead of a possible run for president in the future.

鈥淭he right to bear arms is different than the right to have an abortion. The right to have an abortion is not a constitutional amendment. So I think he鈥檚 way off base,鈥 Mr. Dahle said. 鈥淚 think he鈥檚 just using it as an opportunity to grandstand.鈥

But Mr. Newsom鈥檚 Saturday night declaration is a fulfilled prophecy for some gun rights groups who had predicted progressive states would attempt to use Texas鈥 abortion law to restrict access to guns. That鈥檚 why the Firearms Policy Coalition, a nonprofit group that advocates for gun rights,聽with the U.S. Supreme Court opposing the Texas law.

鈥淚f Texas succeeds in its gambit here, New York, California, New Jersey, and others will not be far behind in adopting equally aggressive gambits to not merely chill but to freeze the right to keep and bear arms,鈥 attorney Erik Jaffe wrote on behalf of the Firearms Policy Coalition.

This story was reported by The Associated Press.聽

You've read  of  free articles. Subscribe to continue.
Real news can be honest, hopeful, credible, constructive.
海角大神 was founded in 1908 to lift the standard of journalism and uplift humanity. We aim to 鈥渟peak the truth in love.鈥 Our goal is not to tell you what to think, but to give you the essential knowledge and understanding to come to your own intelligent conclusions. Join us in this mission by subscribing.
QR Code to California governor models Texas abortion law to ban gun sales
Read this article in
/USA/Justice/2021/1212/California-governor-models-Texas-abortion-law-to-ban-gun-sales
QR Code to Subscription page
Start your subscription today
/subscribe