SAN FRANCISCO (KCBS RADIO) – As the nation reels from the latest mass shooting, California lawmakers are moving forward on Gov. Gavin Newsom's proposal to crack down on illegal firearms.
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The legislation, which would give people the power to sue those who traffic illegal guns, was passed by the State Senate Tuesday on a 24 to 10 vote, with one Democrat joining Republicans in opposition.
If made into a law, it will allow the filing of lawsuits against those distributing illegal weapons, untraceable ghost guns or the parts to build weapons. Newsom modeled the concept after a Texas law that would allow people to take similar legal action against abortion providers — which was given initial approval by the United States Supreme Court.
"The evidence and data is in: gun safety saves lives," Newsom stated. "It's not something we assert, it's something we can prove over and over and over again."
Under the legislation, plaintiffs would be awarded at least $10,000 in civil damages for each weapon plus attorney's fees. "If it prevents just one instance of gun violence in our state, it's worth the experiment," said State Senator Anthony Portantino, who co-authored the bill.
However, whether the law would hold up in court is another matter.
Loyola Law School Professor Jessica Levinson told KCBS Radio she thinks the Supreme Court will find a way to differentiate the California law from the Texas anti-abortion initiative. "Federal court can review that law and maybe strike that law down," she said.
As an alternative to Newsom's bill, California Republicans are arguing that serial numbers be placed on firearms.
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