BELLEVUE, WA – Attorneys for the Second Amendment Foundation’s challenge of California’s new law that includes a one-way fee-shifting penalty to discourage lawsuits against restrictive gun laws have filed a memorandum of points and authorities in support of their motion for a preliminary injunction.
Attorneys Bradley A. Benbrook and Stephen M. Duvernay of the Benbrook Law Group, PC, and David H. Thompson, Peter A. Patterson and Joseph O. Masterman of Cooper & Kirk, PLLC filed the memorandum, which asserts plaintiffs have already suffered harm due to the constitutional violations contained in the new law.
The lawsuit, and this new memorandum, allege the law (Section 1021.11 of the California Penal Code) is unconstitutional under the Supremacy Clause, and that it also violates the First Amendment right to petition the government for redress of grievances. The statute also discriminates against gun rights plaintiffs in violation of the Equal Protection Clause of the 14th Amendment, according to the lawsuit.
SAF is joined by Gunfighter Tactical, LLC, PWGG, L.P., the San Diego County Gun Owners’ PAC, California Gun Rights Foundation, Firearms Policy Coalition, Inc., Dillon Law Group, P.C., John Phillips, Ryan Peterson, George M. Lee, John W. Dillon and James Miller, for whom the lawsuit is named.
The new motion also says Section 1021.11 has “caused several Plaintiffs to dismiss or refrain from bringing additional lawsuits challenging other California firearms regulations that they believe are unconstitutional.”
“We are pulling out all the stops in fighting this new statute because of its egregious nature,” said SAF founder and executive vice president Alan M. Gottlieb, one of the plaintiffs in the case known as Miller v. Bonta. “Section 1021.11 is part of Senate Bill 1327, adopted earlier this year in reaction to a Texas law passed last year, which is about abortion. The California law was crafted as a political response to the Texas statute, which California Attorney General Rob Bonta, the chief defendant in our case, described as ‘blatantly unconstitutional.’
“Bonta is trying to have it both ways,” Gottlieb continued. “He simply cannot protest a law he considers unconstitutional by enforcing another law which is equally unconstitutional in what amounts to a childish political snit that began with California Gov. Gavin Newsom and the California legislature.”