Federal judge blocks California gun law provision modeled after Texas abortion ban

San Diego, California - A federal judge struck down a controversial provision in California's gun law which was modeled after a similar Texas abortion measure.

A federal judge has struck down a California gun law provision brought forth by Democrats that allows citizens to sue gun manufacturers.
A federal judge has struck down a California gun law provision brought forth by Democrats that allows citizens to sue gun manufacturers.  © Patrick T. FALLON / AFP

Judge Roger Benitez of the Southern District of California ordered a permanent injunction on Senate Bill 1327 on Monday, which includes a provision brought forth by Democrats that gives citizens the right to sue gun manufacturers.

"We have been saying all along that Texas’ anti-abortion law is outrageous," California Governor Gavin Newsom said on Monday. "Judge Benitez just confirmed it is also unconstitutional."

Texas officials passed a law in 2021 that banned abortions from taking place after a fetal heartbeat is detected, and allowed citizens to sue abortion providers and anyone that assisted with the procedure.

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The Texas law was met with a legal challenge, but the Supreme Court ruled that the law could remain in effect.

Newsom and the California legislature imposed a similar law for guns, pointing out that it would be "hypocritical" for the court to block his state's law while allowing the Texas abortion law.

"The provision in California's law that he 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," Newsom added.

Governor Gavin Newsom gets the outcome he had hoped for

Judge Benitez's ruling was exactly the outcome the governor was hoping for. Benitez described the gun law provision as "outrageous and objectionable," also adding that "there is no dispute that it raises serious constitutional questions."

"The question is whether they are complete and abject hypocrites and frauds if they reject our bill that's modeled after that abortion bill as it relates to private right of action to go after assault weapons," Newsom reportedly stated last year.

Governor Gavin Newsom has said that he does not plan to appeal the judge's decision.

Cover photo: Patrick T. FALLON / AFP

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