Posted on 08/02/2017 4:20:16 PM PDT by Openurmind
Today, the Office of Administrative Law officially approved DOJ’s proposed “bullet-button assault weapon” regulations. These regulations are a result of the enactment of Senate Bill 880 and Assembly Bill 1135, both of which classify certain firearms required to be equipped with “bullet buttons” as “assault weapons” under California law.
Pursuant to this change in the law, individuals who currently own firearms now classified as “assault weapons” have until July 1, 2018 to register them with the California Department of Justice. The law also required DOJ to enact regulations to facilitate the registration process, and specifically exempts those regulations from California’s typical rulemaking process.
But as first proposed last December, DOJ’s regulations went far beyond what is necessary for the registration of newly classified “assault weapons.” Included in DOJ’s proposal were over 40 new definitions, excessive personal information requirements, requirements on providing information on where and how the firearm was acquired, requirements that individuals provide DOJ with photos of their firearms, requirements for serializing home-built firearms, expansion of the “assault weapon” definition to “bullet-button” equipped shotguns, and restrictions on removing the “bullet-button” once the firearm is registered as an “assault weapon.”
In response to this clear overstep in authority, NRA and CRPA attorneys submitted a joint-opposition letter to the Office of Administrative law highlighting the many flaws with the proposed regulations, and a pre-litigation demand letter to DOJ demanding the regulations be withdrawn. DOJ complied with that demand just days before the Office of Administrative Law was set to make its decision.
Following the withdraw, many believed DOJ would amend their proposed regulations to comply with the narrow exception provided by the new law. But instead of doing so, DOJ re-submitted a proposal that was substantially identical to that of its predecessor, along with a letter responding to the opposition letter authored by NRA and CRPA attorneys. In response, NRA and CRPA attorneys submitted a comprehensive opposition letter that point-by-point dismantled DOJ’s position as unnecessary, lacking appropriate legislative authority, and otherwise vague and unenforceable. Shortly after submission of this second opposition letter, the Office of Administrative Law formally rejected DOJ’s proposed regulations.
With a formal rejection, many once again reasonably believed that DOJ would amend their proposal to comply with the narrow exception to the regular rulemaking process. And once again, they were wrong. Last month, DOJ re-submitted its proposed regulations for a third time without any substantive change, and as of today, those regulations are now official.
But this battle is far from over. At this very moment, NRA and CRPA attorneys are finalizing a lawsuit which will challenge these regulations as a violation of California’s Administrative Procedures Act. You can be a part of it by serving as a plaintiff.
If you or someone you know owns a firearm now classified as an “assault weapon” and intends to register that firearm pursuant to DOJ’s regulations, please contact NRA and CRPA attorneys at potentialplaintiffs@michellawyers.com. Do not hesitate in reaching out, even if you have questions about what it means to be a plaintiff. Act now and help us challenges DOJ’s illegal “assault weapon” regulations!
Additionally, make sure you are subscribed to NRA and CRPA email alerts to stay informed about these illegal regulations and other important Second Amendment issues in California, including the fight against “Gunmageddon” and Proposition 63.
The post California Office of Administrative Law Approves DOJ’s Proposed “Assault Weapon” Regulations—Lawsuit Soon to be Filed appeared first on California Rifle & Pistol Association.
Have the Ministries of Love and Hate reviewed the regs yet?
State DOJ, not feds. And still not respecting our 2nd amendment. Fine if Californians want to give up their rights but as a US citizen, when I go to California, I should still have my same rights as I do elsewhere. Maybe congress can pass legislation to preempt state laws and/or to all our CCW to be valid in any US state or territory, just like our state-issued driver’s licenses.
more and more illegal “laws” or “regulations”
create more and more contempt for the “law’
As far as I can determine, all firearms purchased through an FFL, WERE registered with the California DOJ at the time of the DROS submission.
This law will be enjoined before sun down.
Some greedy lawyers need to file a massive class action civil rights case against California for the infringement of the 2nd amendment.
See GOP Rep. Introduces Legislation to Nullify State-Level Gun Controls
and
Concealed-handgun carry bill triggers pushback from coastal mayors, police chiefs.
Californians rest easy knowing criminals obey gun control laws.
I dunno,like a "sanctuary city" of sorts, to give it a name ...
Long guns went thru DROS, but weren’t registered until begining Jan 2014.
This is the second time around. This is the one the Federal Judge already kicked out. They added even more rules and are shoving it through again.They never quit.
And we should all be concerned because once an unconstitutional law passes in Ca every liberal state and even some conservative states follow suit because of the precedent that has been set by Ca.
It becomes fair game constitutional or not.
Just do not comply. Take loaded weapons and have a picnic on the State House lawn.
it is DOA. Second Amendment rules!!
Those who wish to oppress know they must first disarm their victims.
I bet the first thing on the menu will be confiscation all guns if they secede.
have you ever seen a convoy of 25,000 US troops coming to arrest your entire state govenment? There will be no secession of our land. Those people can flee to Mexico. There will be no secession. EVER!!
Send bucks to the NRA-ILA. They have brought legal action against all California laws so far. WE ALL HAVE TO FIGHT CRAP!
Absolutely! they are the frontline! They are preventing this stuff from spreading across the whole country. And they don’t eat it all up in other costs like the NRA. Direct support would help us all more than anyone would think.
Actually, this is the third time around. It’s already been pulled twice. They never, ever stop
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