The California Department of Justice (DOJ) recently proposed flawed “emergency” regulations in an attempt to implement California’s new Firearm Safety Certificate (FSC) Program laws, which took effect in January 2015.
The regulations are a misguided response to an NRA-supported lawsuit, Belemjian v. Harris. That suit was recently filed on behalf of the California Rifle and Pistol Association, FFLGuard, and several individual gun owners and firearm instructors to stop enforcement of four “underground regulations” the DOJ illegally adopted when it initially tried to implement the FSC Program, and to urge the DOJ to properly adopt regulations establishing long-gun safe- handling demonstration as it was statutorily required to do, but failed to do, by January 1, 2015.
Despite having nearly a year and a half to propose regulations that properly implement the FSC Program under normal timelines to allow for adequate input from gun owners instructors, and retailers, the DOJ is now pushing its new “emergency” regulations to circumvent this process.
The proposed regulations create a host of problems for gun owners, instructors and retailers. Among other concerns, the DOJ’s proposed “emergency” regulations should be opposed for the following reasons:
- The regulations improperly circumvent the rulemaking process to implement the FSC Program, failing to provide the public proper opportunity to weigh in.
- They far exceed the DOJ’s rulemaking authority.
- The cumulative effect of each of the proposed regulations will significantly increase the already inflated costs of purchasing a firearm in California.
- The regulations improperly shield the DOJ from any wrongdoing in implementing the FSC Program.
Voice your opposition to these improper “emergency” regulations today! The deadline to submit comment letters could be as soon as February 27, 2015, so please take a few minutes to help NRA and CRPA today.
Comment letters must be mailed to both of the following addresses:
Department of Justice
Bureau of Firearms
Attn: Jeff Amador
P.O. Box 160487
Sacramento, CA 95816
AND
Office of Administrative Law
300 Capitol Mall, Suite 1250
Sacramento, CA 95814
The NRA and CPRA are also opposing the new regulation package and will continue to fight this battle in the courtroom. As reported last month, the ongoing lawsuit seeks to hold the DOJ to its duty to adopt implementing regulations regarding the FSC Program through the proper process. To read more about the case and the problems with the FSC Program that prompted it, click here.
Help NRA and CRPA to Help You
You can assist in the fight to defend gun owners’ rights in California courts by donating to The California Rifle and Pistol Association Foundation and the NRA Legal Action Project today. For a summary of some of the many actions the NRA and CRPA have taken on behalf of California gun owners, including the tremendous recent victory in the Peruta case, click here. Second Amendment supporters should be careful about supporting litigation efforts promised by other individuals and groups without access to the necessary funding, relationships, firearm experts and experienced lawyers on the NRA – CRPA’s national legal team. The NRA – CRPA’s team of highly regarded civil rights attorneys and scholars has the resources, skill and expertise to maximize the potential for victory.
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