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HariSeldon

(455 posts)
Sat Sep 4, 2021, 09:24 AM Sep 2021

California should pass a "vigilante" anti-gun law

Roe vs. Wade is the right-wing's Constitutional obstacle; the closest equivalent I can find on the left is liability for gun violence. If California passes a law in the same template as Texas, except targeting those who "aid and abet" gun-wielding murderers, it will put the Supreme Court under a lot more pressure, or at least make the hypocrisy more blatant.

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California should pass a "vigilante" anti-gun law (Original Post) HariSeldon Sep 2021 OP
Agreed. All blue states should. intrepidity Sep 2021 #1
I was thinking the same thing. CanonRay Sep 2021 #2
First step would be a $10,000 reward for successful prosecution of illegal gun possession Klaralven Sep 2021 #3
Yeah, people don't brandish their pregnancy and threaten to shoot people with it Walleye Sep 2021 #4
Make it legal to shoot gun owners? fescuerescue Sep 2021 #5
Why would they? AZ8theist Sep 2021 #7
why would they need a reason? fescuerescue Sep 2021 #8
My apologies for being unclear HariSeldon Sep 2021 #15
As envisioned by the Federalist lawyer behind the bounty hunter law dalton99a Sep 2021 #6
Scary stuff LeftInTX Sep 2021 #11
Message auto-removed Name removed Sep 2021 #9
Do you think the Texas law is good law, apart from who it targets? sl8 Sep 2021 #10
Absolutely not! HariSeldon Sep 2021 #12
I agree with you about the Texas law. sl8 Sep 2021 #14
At this moment, "vigilante" enforcement is legally supportable HariSeldon Sep 2021 #16
I don't think we should even talk about this MurrayDelph Sep 2021 #13

CanonRay

(14,112 posts)
2. I was thinking the same thing.
Sat Sep 4, 2021, 10:04 AM
Sep 2021

They should just pass an unconstitutional gun ban, then let anyone enforce it. Same as the Texas shit.

 

Klaralven

(7,510 posts)
3. First step would be a $10,000 reward for successful prosecution of illegal gun possession
Sat Sep 4, 2021, 10:08 AM
Sep 2021

Fund it from confiscated drug money.

Lots of people know who has illegal guns. Make it worth their while to turn them in.

Walleye

(31,039 posts)
4. Yeah, people don't brandish their pregnancy and threaten to shoot people with it
Sat Sep 4, 2021, 10:12 AM
Sep 2021

In fact no one’s life is threatened except the woman who is pregnant, which is basically nobody else’s business anyway

AZ8theist

(5,488 posts)
7. Why would they?
Sat Sep 4, 2021, 10:25 AM
Sep 2021

How many states currently have "Stand your ground" laws?

They are the equivalent of shooting ANYONE you feel threatened by. And most, I think, would feel threatened by someone with a gun.
The SC hasn't ruled against THAT law, so your point is moot.

HariSeldon

(455 posts)
15. My apologies for being unclear
Sat Sep 4, 2021, 12:30 PM
Sep 2021

I meant that California should enact a law creating a private right of action for residents with a minimum, statutory award of $10,000 against anyone who "aids or abets in any way, even unknowingly" the commission of a murder with a firearm. This is the model Texas used to end-run Roe v. Wade.

dalton99a

(81,568 posts)
6. As envisioned by the Federalist lawyer behind the bounty hunter law
Sat Sep 4, 2021, 10:20 AM
Sep 2021
A law review article Mitchell wrote that was published in 2018 gave guidance to lawmakers worried about courts blocking their laws. He said lawmakers could protect their legislation by including a private right of action. He said the strategy could apply to a wide range of laws such as campaign finance, gun control and abortion.

“It is practically impossible to bring a pre-enforcement challenge to statutes that establish private rights of action, because the litigants who will enforce the statute are hard to identify until they actually bring suit,” he wrote in one footnote.

In the case of Texas’ law, things have played out as he predicted.

https://apnews.com/article/texas-us-supreme-court-laws-185e383ba4aa6cfc558231dcabd4104a

Response to HariSeldon (Original post)

HariSeldon

(455 posts)
12. Absolutely not!
Sat Sep 4, 2021, 12:09 PM
Sep 2021

But if Republicans get their way on their issue with an end run around the Constitution, why shouldn't we get our way on our issue with the same legislative gambit?

And if Republicans want the anti-gun law struck down, they'll essentially be making the argument against the Texas anti-abortion law, too.

sl8

(13,864 posts)
14. I agree with you about the Texas law.
Sat Sep 4, 2021, 12:17 PM
Sep 2021

It's a shitty law, regardless of which group it targets.

I don't think that creating an equally shitty law, targeting a different group, is an appropriate remedy. I'd feel a bit hypocritical if I supported that. Also, you end up with one more shitty law, which I think is a bad thing.

I think we should fight the Texas law, not emulate it.

On edit:
I don't know how important it is, but if you advocate for or pass a law similar to the Texas law, but targeting a different group, you've lost a good bit of the moral high ground when arguing against the Texas law.

HariSeldon

(455 posts)
16. At this moment, "vigilante" enforcement is legally supportable
Sat Sep 4, 2021, 12:41 PM
Sep 2021

The Supreme Court had the opportunity to stop this and elected not to. Texas opened a Pandora's Box by enacting SB8, a move of severe legislative impolitesse. You and I may disagree on this, but I want to see more industries at the sharp end of these private-right-of-action laws since, in this country, money talks; if the targeted industries are ones of which I disapprove, it becomes a win-win for me.

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