FPC Lawsuit Challenging California’s Discriminatory Fee-Shifting Regime Can Continue, Federal Judge Rules

Gun News

SAN DIEGO, CA (December 2, 2022) – Today, Firearms Policy Coalition (FPC) announced that United States District Judge Roger Benitez issued an order determining that it can continue with its lawsuit challenging the provisions in California SB 1327 designed to suppress legitimate challenges to firearms regulations. The order in Miller v. Bonta (Miller II) can be viewed at FPCLegal.org.

“The Defendant Attorney General says that his cessation of enforcement in a seeming case of tit-for-tat will end if, and when, a purportedly similar one-sided fee-shifting Texas statute is adjudged to be constitutional,” Judge Benitez wrote in his order. “Certainly, that condition may or may not occur. In the meantime, the statute remains on California’s books. And the actual chilling effect on these Plaintiffs’ constitutional rights remains. Therefore, the case is not moot.”

“The American court system and its forum for peacefully resolving disputes is the envy of the world,” he went on to write. “One might question the wisdom of a state law that dissuades gun owners from using the courts to peacefully resolve disagreements over the constitutionality of state laws.”

“The unilateral fee-shifting provision of SB 1327 is complete partisan malarky enacted by lawmakers who touted its very unconstitutionality before putting it in place,” said FPC Director of Legal Operations Bill Sack. “We are thrilled with the judge’s determination that the state of California can be held accountable. They made this mess, now they will have to sit in it.”

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Miller II is scheduled for a trial on the merits on December 16th.

FPC is joined in this lawsuit by the San Diego County Gun Owners PAC (SDCGO); the California Gun Rights Foundation (CGF), and the Second Amendment Foundation.

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

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