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Driving gun businesses out of business


The Truth About GunsA federal court case known as Junior Sports Magazines, Inc. et.al. v. Bonta cuts to the heart of the problem. Several plaintiffs including gun rights organizations are challenging changes in state law created by passage of Assembly Bill 2571, which makes it unlawful for any firearm industry members to advertise, market, or arrange for placement of an advertising or marketing communication concerning any firearm-related product in a manner that is designed, intended, or reasonably appears to be attractive to minors. Plaintiffs are asking for a preliminary injunction against enforcement of the law.

The second prong of this anti-gun strategy is legislation enacted to thwart such challenges by financially penalizing anyone — including an attorney or an entire law firm — if they seek declaratory or injunctive relief from any firearms-related California state statute or local ordinance, or even a rule or regulation by making them liable to pay attorney’s fees and costs of the prevailing party.

Simply put, anyone seeking to enjoin a California gun restriction faces the prospect of liability for the state’s attorneys’ fees if the plaintiff does not win on all aspects of the case, even if their case prevails on the merits, settles a claim without a waiver, or voluntarily dismisses any portion of the case for any reason.

This is a pretty transparent attempt to shut down businesses California doesn't like.

This entry was published Sun Sep 11 23:44:06 CDT 2022 by TriggerFinger and last updated 2022-09-11 23:44:06.0. [Tweet]

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