FPC Files Opening Brief in Lawsuit Challenging California’s Unilateral Fee-Shifting Provision By: Firearms Policy Coalition

0
24

SAN FRANCISCO (March 12, 2024) – Today, Firearms Policy Coalition (FPC) announced that it has filed its opening brief with the Ninth Circuit Court of Appeals in its FPC v. San Diego lawsuit, which challenges the unilateral fee-shifting provision of the California Code of Civil Procedure section 1021.11. The brief can be viewed at FPCLegal.org.

Thank you for reading this post, don't forget to follow and signup for notifications!

FPC has already been granted an injunction preventing the enforcement of 1021.11 against the California State Defendants in its case known as Miller 2. This case seeks to extend that injunction to multiple local municipalities.

“In sum, the district court erred, and this Court must reverse the judgment below,” argues the brief. “But that does not put an end to the matter. Section 1021.11’s lingering threat of enforcement inflicts irreparable harm on Plaintiffs every day it prevents them from challenging local firearms laws in California. This Court should exercise its discretion to reach the merits of Plaintiffs’ challenge and enjoin these Defendants from enforcing Section 1021.11.”

“This case could be resolved quickly if only the Defendants would agree to not enforce a law that has already been declared unconstitutional by a federal court–but they refuse to do so,” said Cody J. Wisniewski, FPC Action Foundation’s Vice President and General Counsel, and counsel for FPC. “California’s fee-shifting law was already deemed unconstitutional, but only state-wide actors are affirmatively prohibited from using the statute to unilaterally seek fees against gun-rights litigants. All Plaintiffs are asking is that the cities and counties in this case acknowledge as much and agree to not hold fee-liability over Plaintiffs’ heads.”

FPC is joined in this case by California Gun Rights Foundation and San Diego County Gun Owners PAC.

Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these can learn more at FirearmsPolicy.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, X (Twitter), Facebook, YouTube.

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit membership organization, exists to create a world of maximal human liberty, defend constitutional rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

FPC Action Foundation (FPCActionFoundation.org), a 501(c)(3) nonprofit organization, exists to create a world of maximal human liberty through charitable legal action, public policy, education, and research programs.