The Argument for Why California is the Worst

Published on June 5, 2026
Duration: 12:37

This video from Washington Gun Law TV, hosted by William Kirk, argues why California's legal landscape for gun owners is particularly challenging. It focuses on the lawsuit Lopez v. City of Los Angeles, challenging municipal handgun purchase restrictions and, more critically, California Code of Civil Procedure 102.11. This law creates a one-way fee-shifting system that penalizes plaintiffs challenging gun laws, even if they lose, while offering no recourse for prevailing plaintiffs, thus chilling protected petitioning activity and violating constitutional rights.

Quick Summary

California's Code of Civil Procedure 102.11 creates a one-way fee-shifting system for lawsuits challenging gun laws, where losing plaintiffs pay defendant costs and winning plaintiffs receive nothing. This law is argued to violate the First Amendment's right to petition, Equal Protection, and Due Process, and is preempted by federal law, significantly chilling Second Amendment litigation.

Chapters

  1. 00:00Introduction: California as the Worst State
  2. 00:38Argument for California Being the Worst
  3. 00:44Sponsor: Ground News
  4. 00:59Shout out to California Subscriber Phillip P
  5. 01:30Lopez v. City of Los Angeles Lawsuit Explained
  6. 02:11One-in-30 Handgun Ban Enforcement
  7. 03:14California's Unconstitutional Fee Shifting (CCP 102.11)
  8. 03:45First Amendment Challenges to Fee Shifting
  9. 04:46Federal Preemption and Section 1988
  10. 04:53Equal Protection and Due Process Violations
  11. 05:24Chilling Effect on Second Amendment Litigation
  12. 05:59Remedies Sought in the Lawsuit
  13. 06:38Conclusion: Why California is the Worst
  14. 06:46Call to Action & Further Information
  15. 06:56Sponsor Segment: Ground News

Frequently Asked Questions

What is the main legal challenge in Lopez v. City of Los Angeles?

The lawsuit Lopez v. City of Los Angeles challenges both municipal ordinances in Los Angeles and Englewood restricting handgun purchases to one per 30 days, and critically, California Code of Civil Procedure 102.11, which imposes a one-way fee-shifting system on plaintiffs challenging gun laws.

How does California's CCP 102.11 law impact gun rights litigation?

California's CCP 102.11 creates a significant financial barrier for those challenging gun laws. Plaintiffs who lose must pay the defendant's legal costs, while prevailing plaintiffs receive no compensation, creating a 'chilling effect' on the exercise of First and Second Amendment rights.

Are the 'one-in-30' handgun purchase bans still enforced in California?

Yes, despite a Ninth Circuit ruling that struck down a similar state law, local ordinances in cities like Los Angeles and Englewood that prohibit purchasing more than one handgun every 30 days are still being enforced, as highlighted in the Lopez v. City of Los Angeles lawsuit.

What constitutional arguments are made against California's fee-shifting law?

The lawsuit argues that California's fee-shifting statute (CCP 102.11) violates the First Amendment by infringing on the right to petition the government, the Equal Protection and Due Process clauses by unfairly targeting firearms litigants, and is preempted by federal law like 42 U.S. Code Section 1988.

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