BREAKING NEWS: Insane California Law Violates Second Amendment Lawsuits

Published on July 18, 2022
Duration: 10:58

This video features constitutional attorney Mark W. Smith discussing California's SB 1327, a law that imposes significant financial penalties on those challenging firearm regulations. Smith argues this law violates constitutional rights, including the First Amendment's right to petition and potentially conflicts with federal law, creating a chilling effect on Second Amendment litigation.

Quick Summary

California's SB 1327 imposes significant financial penalties on those challenging firearm regulations, requiring plaintiffs and their legal teams to cover all attorney fees and costs if they lose any aspect of the lawsuit. Constitutional attorney Mark W. Smith argues this law violates the First Amendment right to petition and may conflict with federal statutes and the Supremacy Clause.

Chapters

  1. 00:00Host Introduction and Credentials
  2. 00:35California SB 1327 Overview
  3. 01:12Attorney Fee Shifting Provisions
  4. 03:00Joint and Several Liability
  5. 05:45First Amendment Challenges
  6. 06:21Poll Tax Analogy
  7. 07:23Federal Supremacy Clause Conflict
  8. 09:19Chilling Effect on Litigation

Frequently Asked Questions

What is California's SB 1327 and how does it affect Second Amendment lawsuits?

California's SB 1327 amends the Code of Civil Procedure to require plaintiffs, organizations, and law firms to pay all attorney fees and costs if they lose any part of a lawsuit challenging gun laws. This creates a significant financial risk for those pursuing Second Amendment litigation.

How does SB 1327 potentially violate the First Amendment?

The law is argued to violate the First Amendment's right to petition the government for redress of grievances. By imposing extreme financial penalties for losing a lawsuit, it acts as a 'poll tax,' discouraging individuals from exercising their right to challenge laws.

What federal laws might SB 1327 conflict with?

SB 1327 is believed to conflict with federal civil rights statutes, specifically 42 USC 1983 and 1988, which govern civil actions for deprivation of rights and attorney fees. It may also conflict with the Supremacy Clause of the US Constitution.

What is the intended effect of California's SB 1327 on litigation?

The primary intent of SB 1327 is to create a 'chilling effect' on Second Amendment litigation. By exposing plaintiffs and their legal teams to potentially ruinous financial liability, the law aims to discourage individuals and organizations from bringing challenges to firearm regulations.

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