Politics & Government

Newsom Vows To Ban Assault Guns Using Texas Abortion Ban Tactics

Gov. Gavin Newsom pledged to ban assault rifles and ghosts guns by allowing private citizens to sue manufacturers who sell such weapons.

Newsom on Saturday, Dec. 11 pledged to empower private citizens to enforce a ban on the manufacture and sale assault weapons in the state, citing the same authority claimed by conservative lawmakers in Texas to outlaw most abortions.
Newsom on Saturday, Dec. 11 pledged to empower private citizens to enforce a ban on the manufacture and sale assault weapons in the state, citing the same authority claimed by conservative lawmakers in Texas to outlaw most abortions. (AP Photo/Rich Pedroncelli)

CALIFORNIA — Drawing inspiration from a controversial approach to outlawing most abortions in Texas, Gov. Gavin Newsom on Saturday pledged to make it easier for private citizens to sue manufacturers or other citizens who sell assault rifles or parts for ghost guns in the Golden State.

His plan mirrors the authority enacted by lawmakers in Texas to ban most abortions.

The Golden State banned the manufacture and sale of many assault-style weapons for three-decades. But that ban was overturned in June by U.S. District Judge Roger Benitez, who likened the AR-15 rifle to a Swiss Army knife. The ban remained in place while the state appealed.

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"If states can now shield their laws from review by the federal courts that compare assault weapons to Swiss Army knives, then California will use that authority to protect people's lives, where Texas used it to put women in harm's way," Newsom said in an emailed statement from his office on Saturday.

This year, conservative legislators in Texas passed a law banning abortions after about six weeks into pregnancy or when a fetal heartbeat is detected. The law enables private citizens to enforce the ban by allowing them to sue abortion clinics or anyone who "aids and abets" with the procedure.

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Friday, the U.S. Supreme Court allowed the Texas law to remain in effect while abortion clinics sue to block it. The decision enraged Newsom, who has vehemently rallied behind the right to abortion.

Newsom announced that his administration will work with the state Legislature and Attorney General Rob Bonta to outline a similar law that would let private citizens sue to enforce California's ban on assault weapons.

Those who sue could win up to $10,000 per violation plus other costs and attorneys fees against "anyone who manufactures, distributes, or sells an assault weapon" in California. The Texas law also awards citizens $10,000 if they sue abortion clinics.

The announcement from Newsom's office is a direct response to the Supreme Court's decision on Friday to uphold the Texas abortion ban.

"If the most efficient way to keep these devastating weapons off our streets is to add the threat of private lawsuits, we should do just that," Newsom said.

The governor's gun proposal would first have to get through the state Legislature before it would become law. The Legislature is not in session now and is scheduled to reconvene in January. It usually takes about eight months for new bills to pass the Legislature, barring special circumstances.

Newsom's plan arises as election season draws near again for the Democratic governor. The move is likely to ignite a political maelstrom that generates as much controversy as the abortion ban in Texas.

In June, Newsom denounced the ruling to lift California's assault weapons ban overturned by Benitez earlier this year, calling the judge "a stone-cold ideologue."

"We need to call this federal judge out. He will continue to do damage, mark my word," Newsom said. "This is a very focused agenda to work through this judge, where the decision's already made before it's even presented, who writes 'press releases' on behalf of the gun lobby."

Newsom's Saturday night declaration is a fulfilled prophecy for some gun rights groups who had predicted progressive states would attempt to use Texas' abortion law to restrict access to guns. That's why the Firearms Policy Coalition, a nonprofit group that advocates for gun rights, filed a brief with the U.S. Supreme Court opposing the Texas law.

"If Texas succeeds in its gambit here, New York, California, New Jersey, and others will not be far behind in adopting equally aggressive gambits to not merely chill but to freeze the right to keep and bear arms," attorney Erik Jaffe wrote on behalf of the Firearms Policy Coalition.

READ MORE: Appeals Court Leaves CA's Assault Weapons Ban In Place

The Associated Press contributed to this report.

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