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Oops! Cali Accidentally Admits Its Background Check System is Borked

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Be careful who you call a “public nuisance,” Gov. Newsom. (Image courtesy NSSF)

“You might as well sue an axe manufacturer for the Lizzy Borden murders.”

We’ve all come to expect the hilarious insanity that is California’s “gun control.” Most people know that California’s obsession with background checks extends well beyond one-off sales between private citizens and into the realm of ammunition, gun parts, you name it. What many people don’t know is that California doesn’t trust the FBI’s NICS check system to run those background checks, and relies on state authorities to do it.

So here’s a question, Cali: If your background-check system is so much better than the FBI’s, why must you sue gun stores when the system you forced them to use fails and permits the sale to go through to a person who should have been prohibited? California’s new law, AB-1594, allows this.

“You might as well sue an axe manufacturer for the Lizzy Borden murders” is a fair reading on the issue here. Maybe too fair. It’s more like suing an axe manufacturer for the Lizzy Borden murders after you told the axe manufacturer that he should totally sell Lizzy Borden some axes. For the gory, and very stupid, details, we’re turning it over to the NSSF!

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CALIFORNIA’S PUBLIC NUISANCE LAW IS ADMISSION STATE DOJ BACKGROUND CHECKS ARE FAILURE


By Mark Oliva

California’s new law allowing state authorities and victims of crimes to bring lawsuits against firearm retailers and manufacturers is flawed in ways that Democratic Gov. Gavin Newsom never considered. Among them might be the state’s admission that their own background check system cannot be trusted and California’s Department of Justice is failing its citizens.

The law, AB-1594, recently signed by Gov. Newsom, requires firearm manufacturers and retailers to block the sale of a gun when there is “reasonable cause to believe it is at substantial risk” of it being used illegally or harm the owner or others, according to an Associated Press report. This is a glaring admission that the California Department of Justice’s instant background checks – and the mandatory 10-day waiting periods – aren’t trustworthy and the state is foisting the responsibility of potential future criminal activity on private business instead of fixing the background check system. California is a point-of-contact state that relies on state authorities to run firearm background checks instead of the FBI’s National Instant Criminal Background Check System (NICS).

Foundationally Flawed

The law is problematic from the beginning. It attempts to burden firearm manufacturers and retailers for claims of damages caused by remote third parties when they criminally misuse a firearm. California’s law turns any basic understanding of tort law on its head. Professor Jonathan Turley, the Shapiro Professor of Public Interest Law at George Washington University, once described these public nuisance lawsuits against gun manufacturers over the criminal misuse of a firearm as, “absurd.”

“Product liability and tort actions against manufacturers have uniformly and correctly been rejected by the courts,” Turley wrote in an op-ed published in The Hill. “Guns are lawful products, and holding companies liable for later misuse of such products is absurd. You might as well sue an axe manufacturer for the Lizzy Borden murders.”

That’s also why California’s new law allowing these lawsuits also has a steep climb of overcoming the Protection of Lawful Commerce in Arms Act (PLCAA), which codified basic tort law. Legal Professor Victor Schwartz, who literally wrote the textbook on tort law, former law professor and law school dean and the current co-chairman of the Public Policy Group of the law firm Shook, Hardy & Bacon, explained the PLCAA. He wrote, “The PLCAA remains a commonsense law that protects against unsound attempts to change radically a fundamental liability law principle.”

Scorched Earth

Now, California’s progressive anti-gun governor, attorney general and legislature are going to have to clear that legal mountain with the weight of the admission that the state’s own background check system is worthless. If the state’s background check were working properly, there would be no need to put the responsibility on firearm retailers and manufacturers to know if an individual could potentially commit a crime. That’s why they run the background check with the state to find out if they’ve been prohibited in the past from possessing a firearm.

Of course, what this law is actually intended to do is run firearm manufacturers and retailers out of business, even if it means burning down their own law enforcement institutions to do it. They’ll do it through “death by a thousand cuts” made infamous by disgraced Democratic former N.Y. Gov. Andrew Cuomo when he was Housing and Urban Development Secretary in the Clinton administration. The other way is through sheer intimidation that the state government would sail them down the river of lawsuit-after-lawsuit of bogus allegations. Sadly, in California this now includes a firearm retailer’s inability to predict potential criminal activity of others.

Gov. Newsom doesn’t concern himself with the actual criminals in his Constitutionally-questionable public nuisance law. He doesn’t seem to care that law indicts the state’s own Justice Department as failing in their job to run an effective background check system. Gov. Newsom would hold firearm industry members accountable instead of rogue district attorneys to turn criminals back onto the streets. If the state’s background check system isn’t stopping criminals, he should levy resources to fix it. This law isn’t intended to address any of that.

Gov. Newsom only wants this law to harass a Constitutionally-protected industry for an antigun political agenda. That fact he’s disparaging his own Justice Department to achieve it is revealing.

7 Comments

7 Comments

  1. JonsOn

    July 22, 2022 at 10:32 am

    Is there recent law in Commiefornia that isn’t a steaming pile of worm riddled jackass dung? The jackasses (it’s their mascot after all) in Commiefornia are driven by their thirst for power that the Constitution doesn’t mean anything to them. I used to live in what was once a beautiful state but now I have no desire to visit due to the laws, the homeless, the illegal aliens and the government. I have a theory that Commiefornia isn’t as blue as one would think but that over the years the democrats have so skewed the voting systems there that they will remain in power until they are caught or the government there is forcibly overthrown. The 2nd amendment was put in place to stop an out of control government like Commiefornia’s is now. Unless so many citizens there wake up and vote in numbers so great that the leftists there can’t manufacture enough votes to overcome the tidal wave there is only one other option in CA if the citizens there want freedom. I doubt the voting option will produce results as Commiefornians had the opportunity a while ago to remove what is arguably the worst governor in history and failed to do it. Of course if the Hispanics in CA pull their heads out of their asses like they did in TX Gavcrap Gruesome might be in deep shit. One can only hope.

  2. GreatGrandpa

    July 21, 2022 at 11:28 am

    Yes, Stock up if you can afford the prices!!! While the US government gave and are still giving away our Resources to people that hate and want us all Dead! 80 billion to rag heads, 2 or 4billion to Global Cabal countries in Europe.

  3. GreatGrandpa

    July 21, 2022 at 11:27 am

    Yes, Stock up if you can afford the prices!!! While the US government gave and are still giving away our Resources to people that hate and want us all Dead! 80 billion torag heads, 2 Grere Grerbillion to Global Cabal countries in Europe.

  4. GreatGrandpa

    July 21, 2022 at 11:23 am

    Go and watch the movie Minority Report to see just how STUPID the Government of Californication really is. I’m not a BOT. I’m a American Veteran, Trucker and GreatGrandpa. I, keep asking the Question, YA’LL SEEN ENOUGH YET? THE WHOLE GLOBAL CABAL, demoncRATs and RINOS, ALL SATAN’S DEMON SPAWN MINIONS DESERVE DIRT NAPS. YA’LL KNOW WHAT NEEDS TO BE DONE, GIT R DUN! NCSWIC, WWG1WGA, P.A.N.I.C. LET’S GO BRANDON, FJB AND ALL SATAN’S DEMON SPAWN MINIONS. PRESIDENT TRUMP’S STILL MY PRESIDENT. Yahweh save our poor souls, Amen. WAKE UP PEOPLE WAKE UP!

  5. James

    July 21, 2022 at 10:45 am

    How can a firearms manufacturer know when a criminal is going to use their product?

    The firearm is sold to a distributor who then sells it to a gun store.
    Are they ” mind readers”?

    Handguns and other firearms are stolen from stores, homes and even police cars. How would a manufacturer know who did this?

    The extreme far leftist politicians in commiefornia are waging a war against the 2nd amendment and won’t be happy until they ban all firearms.
    Even then, the cartels will step in and ship guns up from Mexico creating a huge black market, just as the cartels do with drugs.

    Commiefornia has banned gun advertising that ” appeals” to children. The politiicians say anyone under 25 is a child!?
    There are people who marry at 18 and have a child at 19.

    The ironic thing is that commiefornia is the PORN capital of the USA ! They produce porn movies and porn magazines. So does this “law” also cover pornography? Or is it exempt? Teenagers like to look at porn, so that makes it “appealing” to them. Or maybe certain commiefornia politicians have money invested in the porn industry.

    Commiefornia has almost a 1,000 gun laws on the books. These only affect the law abiding citizens and not the criminals.

    Prosecutors in SF and LA refuse to charge criminals with crimes even if they have a stolen handgun.

    Majority of shooting in LA and SF are gang related, over tuff, drug dealing or someone looked at someone the wrong way. The far leftist politicians try to blame all these crimes on law abiding citizens.

    People say don’t vote for demoncraps.
    The problem is that commiefornia welcomes millions of illegals, giving them demoncrap voting cards, prepaid mastercard, cell phones, free medical coverage, free apartments.

    So they have millions of illegals who vote for them. They welcome illegals over American citizens!

    The administration is having sections of the border wall taken down and sold off for scrap. This allows the cartels, M 13, M18, G9 gangs, felons, criminals, murderers, rapists, terrorists, spies and prostitutes to cross the border and the administration welcomes them and the crime that they bring.

    The Central America countries are emptying out their jails and prisons and sending thousands of criminals and prisoners to America and the administration welcomes them and the crime that they bring.

    The gun banning groups and gun banning politicians say that you don’t need a handgun for protection as you will get confused” and shoot yourself or your family members. Huh?

    The great n banning groups and gun banning politicians say that the police will protect you. Say, aren’t these the same people who want to defund-abolish the police?

    China has come out against the 2nd amendment. They want it abolished.
    The Chinese government says that in china, guns are banned, the only ones who can own guns are police, military and politiicians. How do you think China can control a population of over 1,3 billion?

    The China government supports gun banning politicians in America.

    The China government gives money to gun control groups and gun banning groups.

    China wants America. China is buying up American farmland and ranch land. They just bought a farm in North Dakota near a top secret air force base and no one seems to care.

    During WW2, Germany and Japan had plans to invade the east coast and west coast of America and have Mexico invade the southern states promising Mexico to give them Arizona, New Mexico and Texas but they were afraid of all the Americans who owned firearms and would fight them off. Nowadays, they are joining up together to ban firearms in America. They consider America their enemy.

    Now China wants to ban all guns in America, so it will be much easier for China to invade, conquer and takeover America. There are far leftist politicians who would welcome them!

    China is allowing their citizens to have more children. They have planned and thought out of a invasion of America. They will use 400 million Chinese soldiers to attack America. Then they will bring in millions more to takeover the government.

    The far leftist, power crazed demoncrap politicians want to restrict and ban firearms in America to make all this possible!!

    Stock up now on guns, ammo and accessories before it’s too late.

  6. MICHAEL A LAUGHLIN

    July 21, 2022 at 10:35 am

    Then we should be able to sue the state if they allowed a gun to get into the hands of a criminal.

    • Dan Wild

      July 21, 2022 at 1:05 pm

      When you sue the State you are just making the tax-payers foot the bills. Stop promoting the punishment of tax payers for the infringement of basic rights.

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