A lawsuit filed by James Miller and others including the Second Amendment Foundation against Senate Bill 1327 has been allowed to go ahead. The CA Attorney General, Rob Bonta filed with the court to throw out challenge.

Earlier this year, the California Legislature passed SB 1327. It was signed into law by Governor Gavin Newsom on July 2022. This bill contained a “fee-shifting” penalty that affects only lawsuits challenging state and local firearm laws and regulations. Only the plaintiffs (i.e. challengers of the firearm laws and regulations) can be charged for court and lawyer costs of the government if any part of their suit fails. If the government loses, they cannot be held for the costs the plaintiffs incur.

SB 1327 puts any challenges to California state & local laws and regulations at a severe disadvantage. It would dissuade many challengers from filing suit as a loss, even if it was only a small part of the suit, due to the charges the government would drum up. The fee-shifting penalty doesn’t apply to the government if they lose.

The Complaint for Declaratory, Injunctive or Other Relief by Miller, SAF and others (case number '22CV1446 RSH DEB) challenged the bill on constitutional grounds under the Supremacy Clause, First Amendment, and Equal Protection Clause.

Rob Bonta, Attorney General of California jumped right in to have the Miller injunction request quashed. James Miller, et al. sought relief by filing for injunctive relief by filing a case in the United States District Court, Southern District of California. The Honorable Roger T Benitez rejected Bonta’s request to quash the court case. He said in the closing of his order:

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.

You can read his order by clicking here.

So the Miller case now goes to court.