Another Domino Falls on Gun Control. Striking Down California's Unconstitutional Fee Shifting Law

Published on March 23, 2023
Duration: 9:36

This video provides an expert analysis from William Kirk of Washington Gun Law on a significant legal victory striking down California's unconstitutional fee-shifting law (SB 1327). The law, designed to deter Second Amendment challenges by imposing attorney's fees on unsuccessful plaintiffs, was deemed a violation of the First, Second, and Fourteenth Amendments, as well as federal statute 42 U.S.C. Sec. 1988. Judge Roger T. Benitez issued a permanent injunction, effectively removing a major financial obstacle for gun rights advocates in California.

Quick Summary

California's SB 1327 fee-shifting law, designed to penalize plaintiffs in Second Amendment challenges, has been struck down as unconstitutional. Judge Roger T. Benitez issued a permanent injunction, citing violations of the First, Second, and Fourteenth Amendments, and conflict with federal law 42 U.S.C. Sec. 1988. This ruling removes a significant financial barrier for gun rights advocates in California.

Chapters

  1. 00:00Introduction to California Fee-Shifting Law
  2. 01:14South Bay Rod & Gun Club v. Bonta
  3. 02:11Mechanism of the Fee-Shifting Law
  4. 03:59Constitutional and Federal Violations
  5. 06:42Prevailing Party Status Conflict
  6. 08:00Permanent Injunction by Judge Benitez

Frequently Asked Questions

What was California's fee-shifting law (SB 1327) and why was it challenged?

California's SB 1327 was a law designed to make plaintiffs challenging firearm regulations pay the state's legal fees if they didn't win 100% of their claims. It was challenged as a deterrent to Second Amendment litigation.

What were the main legal grounds for striking down California's fee-shifting law?

The law was struck down for violating the First Amendment (freedom of speech/petition), the Second Amendment (right to keep and bear arms), and the Fourteenth Amendment (Due Process and Equal Protection). It also conflicted with federal law.

Who issued the ruling against California's fee-shifting law and what was the outcome?

Judge Roger T. Benitez issued a permanent injunction, striking down the law as unconstitutional. This effectively removes a significant financial barrier for those wishing to challenge gun control laws in California.

How does California's SB 1327 conflict with federal law regarding legal fees?

Federal law (42 U.S.C. Sec. 1988) generally allows prevailing parties in civil rights cases to recover attorney's fees. California's law attempted to reverse this, allowing the state to collect fees even if they lost.

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