BELLEVUE, WA – A federal judge declared California’s controversial “fee shifting” principle of the state’s new gun control law unconstitutional and permanently ordered the state to enforce this provision, known as Section 1021.11.
It’s a victory for the Second Amendment Foundation and its partners in their lawsuit against the statute. SAF founder and executive vice president Alan M. Gottlieb said this is a major setback for the gun control extremism that has been rampant in California. The case is known as Miller vs. Bonta.
“Christmas has come early for Golden State gun owners and human rights groups everywhere who find it necessary to challenge the state’s restrictive firearm regulations,” Gottlieb said. “Section 1021.11 would have penalized gun rights groups and their attorneys for having the courage to take the state to court.”
SAF joined San Diego County Gun Owners Political Action Committee, California Gun Rights Foundation, Firearms Policy Coalition, Inc., John W. Dillon, Dillon Law Group, PC, George M. Lee, Gunfighter Tactical, LLC , John Phillips, PWGG, LP, Ryan Peterson and James Miller, for whom the case is named. Representing SAF and its partners are attorneys Bradley A. Benbrook of Benbrook Law Group, PC and David H. Thompson of Cooper & Kirk, PLLC.
In his ruling, U.S. District Judge Roger T. Benítez observed: “This Court finds that the purpose and effect of § 1021.11 is to preclude a citizen’s right of access to the courts and to discourage the peaceful vindication of a constitutional right enumerated. Because the state’s rate-changing statute undermines a citizen’s constitutional rights, it is the role of this Court to declare it invalid and bar its threat.”
The judge’s ruling also applies to a virtually identical challenge involving SAF’s sister organization, the Citizens’ Committee for the Right to Keep and Bear Arms, known as South Bay Rod & Gun Club vs. Bonta. CCRKBA and the gun club are joined by the California Rifle and Pistol Association and several other plaintiffs.
“We are grateful that Judge Benítez saw this provision for what it is, an effort to calm opposition to California’s increasingly restrictive gun control laws,” Gottlieb concluded.
The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt legal action, research, publishing, and education group focusing on the constitutional right and inheritance to own and own guns. fire privately. Founded in 1974, the Foundation has grown to more than 720,000 members and supporters and runs many programs designed to better inform the public about the consequences of gun control.