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US gun law: California allows civil lawsuits against sale of assault rifles

2022-07-23T04:35:48.668Z


In the US state of California, citizens can now file civil lawsuits against anyone who makes or sells assault rifles there. Governor Newsom signed a law to that effect.


Enlarge image

California Governor Gavin Newsom

Photo: Jae C Hong/AP

The new law would allow 40 million Californians to sue anyone who makes, sells or transports illegal weapons into California, Governor Gavin Newsom said.

In addition to assault rifles that are banned in California, the law also affects so-called ghost weapons, which can be ordered as kits on the Internet.

California's new gun law is modeled after, and somewhat mimics, a highly controversial Texas abortion law.

The Texas "heartbeat" law, which went into effect in September 2021, bans abortions from about the sixth week of pregnancy.

The law thus violated the fundamental judgment »Roe v.

Wade«, with which the US Supreme Court legalized abortions up to about 24 weeks of pregnancy nationwide in 1973.

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Texas, however, used a highly controversial ruse: Private individuals should not enforce the rule, but private individuals — by filing civil lawsuits against those who have helped women get an abortion after the sixth week.

This makes lawsuits against the law more difficult, because legal action against laws usually involves suing authorities or representatives of authorities.

The Supreme Court therefore declined in December to overrule the Texas law, even though it clearly violated "Roe v.

Wade” violated.

California has now copied the Texan approach - and has applied it to the gun law.

"We use Texas," said California Senator Anthony Portantino.

"Honestly, if Texas can use a private right of action to attack women, then we can use a private right of action to make California safer." Newsom said the Supreme Court made California's action possible with its ruling on Texas' abortion law .

“The Supreme Court said that's okay.

It was a terrible decision (looking at Texas).

But those are the rules they made.”

Gun laws and abortion rights are among the most contentious issues in the United States.

While Democratic politicians and Democratic-governed states typically support abortion rights and stricter gun laws, the opposite is true for conservative politicians and states.

At the end of June, the Supreme Court, on which conservative judges have a majority, overturned the “Roe v.

Wade" and thus allowed states to massively restrict or even ban abortion.

Shortly before, the constitutional court had strengthened the right of gun owners to carry their guns in public.

jul/AP

Source: spiegel

All news articles on 2022-07-23

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