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Judge to halt provision making California gun lawsuits costlier for Miller v Bonta 2 - https://apnews.com/article/politics-california-537fa9d77bb0ab24f4b1b765278494a4
- A new California law is to take effect next year that requires plaintiffs or lawyers to pay attorney's fees if they lose the lawsuit
- Chuck Michel, president of the California Rifle and Pistol Association stated that portion of the law “is intended to make it impossible to file a Second Amendment challenge to an unconstitutional gun control law. That is itself unconstitutional”
- Federal district court judge Roger T. Benitez said he would issue the injunction requested by gun clubs as soon as possible to halt the provision that would force people who file lawsuits challenging CA’s gun laws to pay the government’s legal fees if they lose.
- Judge Benitez said the fee provision would have a “chilling effect” on the public’s right to challenge the government in court because people would not want to take the risk of being liable for expensive legal fees. “I can’t think of anything more tyrannical,” Benitez said.
- In addition to banning the sale of some assault weapons, the law also will prohibit parts that can be used to build weapons, guns without serial numbers, or .50-caliber rifles.
- When state's lawyers noted CA does not plan to enforce the fee provision unless the Texas law is upheld, judge Benitez said, “We’re not in a kindergarten sandbox. It’s not about, ‘Mommy he did this to me so I should be able to do this to him.’”
- When judge Benitez asked state's attorney, Tom Willis, if he would be willing to pay the legal fees of the plaintiffs who asked for the injunction to the provision. Willis said he didn’t understand the question. Judge Benitez shot back that he was wise to not answer because no attorney would want to take on such a risk of personally paying the other side’s legal fees if they lose.
- Lawyers for gun clubs said once the provision is blocked, effectively ensuring they do not have to pay the government’s legal expenses if they lose, they are considering challenging the entire law after it goes into effect.
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