The new gun law is based on a highly controversial abortion law from the conservative state of Texas and to a certain extent imitates it. The Texas Heartbeat Act, which went into effect last September, bans abortions from about the sixth week of pregnancy.
The law thus violated the then still valid landmark decision “Roe v. Wade”, with which the US Supreme Court had legalized abortions nationwide up to about the 24th week of pregnancy in 1973. However, Texas used a highly controversial ruse: Not the authorities should enforce the rule, but private individuals through civil lawsuits against those who 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 refused in December on procedural grounds to overrule the Texas law, even though it clearly violated “Roe v. Wade”.
The liberal west coast state of California copied the Texan approach and applied it to 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.”
Gov. Newsom said the Supreme Court “opened the door” for California’s action with its ruling on Texas’ abortion law. “The Supreme Court said that’s okay. It was a terrible decision (in Texas terms). But those are the rules they made.” Newsom said the new law would allow 40 million Californians to sue anyone who makes, sells or transports illegal weapons into California.
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. There are federal laws and judgments of the Supreme Court as guard rails.
At the end of June, the Supreme Court, in which conservative judges have a clear majority, overturned the “Roe v. Wade” abortion ruling, which had been in force for almost 50 years, allowing 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.
