![]() I could never pay $50,000 or $100,000 without emptying my 401(k) account.” “It would be absolutely devastating to pay the state’s attorney fees. “I’m terrified of this law,” he told the court. Joshua Dale, one of the lawyers representing a San Diego area gun club that sued over the provision, said it has placed attorneys like him in an “ethical dilemma” over whether to serve their clients and risk losing. ![]() Gun advocates said the law, while not in effect, is already causing attorneys to think twice about taking on such cases. “I can’t think of anything more tyrannical,” Benitez said.ĭomestic violence group spreads message about California’s red flag gun lawīenitez 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. The law is modeled after a Texas measure passed in 2021 that aimed to enforce that state’s ban on most abortions by empowering private citizens to enforce the ban by filing lawsuits in civil court.īenitez 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. The ruling will block only the provision and not the entire law, which bans the sale of some assault weapons and allows private citizens to sue people who violate those rules. The judge announced his plans during a federal hearing in San Diego. 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 over California’s gun laws to pay the government’s legal fees if they lose. SAN DIEGO - A federal judge on Friday said he will block a provision in a new California law to take effect next year that gun advocates argued was designed to hinder anyone from challenging the state’s famously restrictive gun laws. By JULIE WATSON and ADAM BEAM | Associated Press
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