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This is the bill attempts to replicate Texas's SB8 anti-abortion bill, known as the Texas Heartbeat Act. You've likely heard about it in the news, but if you haven't: It uses various mechanisms that criminalizes abortions (as defined) in Texas. These kind of state bans are normally prohibited as unconstitutional under the decision Roe v. Wade, however to get around that, the law uses a series of legal mechanisms to essentially have private individuals, who are not state/local officials, enforce the ban by allowing said private individuals to pursue civil suits against those violating the law. If successful, they're awarded a minimum of $10,000 in damages plus attorney fees and costs. Kind of like a bounty. From a legal standpoint (far outside my wheelhouse) it's cleverly designed so as to evade judicial review, such that those trying to get preliminary injunction against the law was dismissed by SCOTUS, since due to various laws and legal precedent, SCOTUS can't take immediate action (pre-enforcement judicial review). Challenges are working their way through the courts slowly.
I'll point out that Firearms Policy Coalition did write an amicus curiae brief warning that the Texas Heartbeat Act would be weaponized against guns. That leads us to this bill.
This bill, SB-1327, at the behest of Newsom and his call to action on 12/11/2021, does basically the same thing, except with firearms instead of abortions. Specifically, it targets the following as quoted below. Highlighting the main parts but there's also exclusions:
22949.62. (a) Notwithstanding any other law, no person within this state may manufacture or cause to be manufactured, distribute, transport, or import into the state, or cause to be distributed, transported, or imported into the state, keep for sale, offer or expose for sale, or give or lend, any assault weapon, .50 BMG rifle, or unserialized firearm, except as provided in subdivisions (d) and (e) and in Section 22949.63.
(b) No person within this state may manufacture or cause to be manufactured, distribute, transport, or import into the state, or cause to be distributed or transported or imported into the state, keep for sale, offer or expose for sale, or give or lend, any firearm precursor part. This subdivision shall not apply to a manufacturer or importer of firearms licensed pursuant to Chapter 44 (commencing with Section 921) of Part I of Title 18 of the United States Code, and the regulations issued pursuant thereto, except that the manufacturer or importer shall not perform any of the acts prohibited by this subdivision with respect to a kit of firearm precursor parts containing all parts necessary to construct a functioning firearm.
(b) No person within this state may manufacture or cause to be manufactured, distribute, transport, or import into the state, or cause to be distributed or transported or imported into the state, keep for sale, offer or expose for sale, or give or lend, any firearm precursor part. This subdivision shall not apply to a manufacturer or importer of firearms licensed pursuant to Chapter 44 (commencing with Section 921) of Part I of Title 18 of the United States Code, and the regulations issued pursuant thereto, except that the manufacturer or importer shall not perform any of the acts prohibited by this subdivision with respect to a kit of firearm precursor parts containing all parts necessary to construct a functioning firearm.
Media:
I'm of the personal opinion this bill is political grandstanding and it will become moot once the Texas Heartbeat Act eventually makes it way through the courts and gets struck down for the most part, at which point Newsom will proclaim the bill victorious because he "forced" SCOTUS to defend abortion or something by writing this bill, and thus you should vote for him as president in 2028. We'll see what happens though.
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