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

Published on March 23, 2023
Duration: 9:36

William Kirk, President of Washington Gun Law, details a significant legal victory striking down California's unconstitutional fee-shifting law (SB 1327). This law, designed to deter Second Amendment lawsuits by forcing plaintiffs to pay state legal fees if they didn't win 100% of their claims, was deemed a violation of the First, Second, and Fourteenth Amendments. Judge Roger T. Benitez issued a permanent injunction, effectively removing a substantial financial barrier for those challenging firearm regulations in California.

Quick Summary

California's unconstitutional fee-shifting law (SB 1327), designed to deter Second Amendment challenges by imposing attorney's fees on plaintiffs, has been struck down. Judge Roger T. Benitez issued a permanent injunction, ruling the law violated the First, Second, and Fourteenth Amendments and conflicted with federal law.

Chapters

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

Frequently Asked Questions

What was California's fee-shifting law and why was it challenged?

California's fee-shifting law (SB 1327) aimed to deter Second Amendment lawsuits by forcing plaintiffs to pay the state's legal fees if they didn't win 100% of their claims. It was challenged as unconstitutional and a violation of federal civil rights law.

Which constitutional amendments did California's fee-shifting law violate?

The law was found to violate the First Amendment (freedom of speech and association), the Second Amendment (right to keep and bear arms), and the Fourteenth Amendment, specifically its Due Process and Equal Protection clauses.

Who issued the permanent injunction against California's fee-shifting law?

Judge Roger T. Benitez issued the permanent injunction, striking down California's fee-shifting law as unconstitutional. This ruling effectively removed a significant financial barrier to challenging gun control measures in the state.

How did California's fee-shifting law conflict with federal law?

The state law conflicted with federal law, particularly 42 U.S.C. Sec. 1988, which allows prevailing parties in civil rights litigation to recover attorney's fees. California's law attempted to reverse this, ensuring the state could collect fees even when losing.

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