A federal judge in San Diego issued an injunction halting part of a controversial state gun law that took effect on Jan. 1, 2023, labeling it unconstitutional.
SB 1327 would have required those who challenge the state’s firearm requirements to pay the government’s legal fees in the event they are the losing party.
“We argued that there was interference with the right to counsel because the law makes attorneys liable for fees if they don't prevail on all their claims, which would mean that attorneys feel unduly pressured to either turn away representation or to be overly conservative,” said Konstadinos T. Moros, an attorney who represents the California Rifle & Pistol Association (CRPA).
Although Gov. Gavin Newsom promoted the gun law before U.S. District Judge Roger Benitez issued the ban on Dec. 19, Newsom praised the ruling on the day it was announced.
“The provision in California’s law that was struck down is a replica of what Texas did, and Judge Benitez’s explanation of why this part of SB 1327 unfairly blocks access to the courts applies equally to Texas’ SB 8,” said Governor Newsom in a statement online. “There is no longer any doubt that Texas’ cruel anti-abortion law should also be struck down.”
Newsom had previously criticized the state of Texas for allowing its residents to sue to stop abortions using procedural rules to shield SB 8 from review.
"As Judge Benitez said in his ruling, if people feel like they can't go to court to resolve their disputes, and if they feel like that's shut off from them, then what's left? All that's left is civil disobedience or violence and that's not good," Moros told the Southern California Record.
In a tit-for-tat in court on Dec. 16, lawyers for the state of California said the state would only enforce the legal fees rules if the Texas abortion law survived a judicial review, according to media reports.
“They could have applied this law to our existing lawsuits that were filed years ago so that's one of the main reasons we sued, because we have ongoing litigation against the state since 2017," Moros said. "So the state's legal expenses must be in the hundreds of thousands or millions of dollars defending the magazine capacity law."
Voters approved Prop 63 in 2016, outlawing gun magazines that hold more than ten rounds of ammunition.
“With this law enjoined, you can file lawsuits against California firearm regulations and laws without having to worry about paying the state's fees, but traditional rules still apply under federal law," Moros added. "So if you file a frivolous lawsuit, a lawsuit that's just nonsense, you could still have to pay the state's attorney fees.
“That's always been the case.”