Tuesday, January 10, 2017

The California Department of Justice has officially submitted regulations for the newly classified “Bullet Button Assault Weapons” to the Office of Administrative Law (“OAL”) for final publication in the California Code of Regulations (CCR). The problem? The regulations were submitted as “File and Print” only, meaning DOJ is claiming that the regulations are expressly exempted from public comment.

...Contrary to the limits of the OAL exemption contained in the statute itself, the regulations submitted by DOJ to OAL go far beyond what is necessary for the registration process. The regulations actually read like a wish list from the gun ban lobby that DOJ is attempting to shoehorn into the limited exception to the regulatory adoption process actually contained in the law. Included in the regulations DOJ submitted are over 40 new definitions, excessive personal information requirements for registering a firearm, requirements that individuals provide information on where they acquired their firearms, requirements that individuals provide DOJ with photos of their firearms, requirements for serializing firearms built from 80% receivers, 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, today NRA and CRPA’s legal team submitted a joint-letter to DOJ demanding that DOJ withdraw their regulations as a violation of the authority granted under the law. NRA and CRPA’s legal team also submitted a joint-letter to OAL requesting OAL to reject and not officially publish DOJ’s regulations. In the event that DOJ does not adhere to this demand letter, a lawsuit will be promptly filed....