Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

NRA Submits Opposition to “Emergency” Regulations for California’s Firearm Safety Certificate Program

Thursday, March 5, 2015

NRA Submits Opposition to “Emergency” Regulations for California’s Firearm Safety Certificate Program

 

On Monday, March 2, 2015, the National Rifle Association (“NRA”), along with the California Rifle and Pistol Association (“CRPA”) and FFLGuard, submitted a letter of public comment opposing the California Department of Justice’s proposed “emergency” regulations for California’s new Firearm Safety Certificate (“FSC”) Program and safe-handling demonstrations.

The FSC Program, signed into law by Governor Jerry Brown on October 11, 2013, requires every individual wishing to take possession of a firearm in California to first take and pass a written test and to perform a safe-handling demonstration with the firearm to be acquired. The launch of the FSC Program was abysmal, and it has been plagued with problems since it took effect on January 1, 2015.  The Program’s many failures were the result of the Department’s refusal to meaningfully engage FFLs, certified FSC instructors, and gun owners in the creation of formal regulations for the administration of the Program. Instead, the Department unilaterally unveiled a host of generally applicable “rules,” such as requiring all certified instructors to obtain and maintain a valid Certificate of Eligibility, to submit FSC fees to the Department by major credit card only, and to access an automated, web-based system to process and issue FSCs. These rules have already cost FFLs and certified FSC instructors untold sums and will cost them thousands of dollars each year, forcing many to simply stop administering the FSC Program altogether.

With the support of the NRA, the CRPA, FFLGuard, and five individuals filed Belemjian v. Harris in the Superior Court of Fresno, challenging the Department’s actions as a violation of California’s Administrative Procedures Act (“APA”) and asking the court to direct the Department to formally adopt regulations for the administration of the Program in accordance with the law.

Nearly two months after the lawsuit was filed, the Department submitted a package of proposed “emergency” regulations to preserve the rules it had illegally adopted in violation of the APA. Under the procedure for emergency regulations, the general public was given only 5 days, as opposed to the 45-day minimum under normal rule-making procedures, to offer comment after the Office of Administrative Law received the proposal and posted it to its website. The Department claims that firearm sales will necessarily cease if their FSC regulations are not adopted under that shortened time frame, inviting costly Second Amendment litigation against the state and bringing harm to the public welfare.

But the Department was given nearly a year and half between the adoption of the FSC Program and its implementation. It had plenty of time to follow the regular rule-making procedures, providing adequate time for input from the general public and open discourse with FFLs, certified FSC instructors, and gun owners. It instead chose to promulgate informal rules in violation of the APA, and then seek to push those same rules through as “emergency” regulations, circumventing the generally stringent requirements of the APA and shutting down the ability of the public to work with the Department to create a workable program.

What’s more, the Department’s “emergency” regulations are simply not necessary to avoid serious harm to the public peace, health, safety, or general welfare. They are not even necessary for the FSC Program to continue. Indeed, the former Handgun Safety Certificate Program has thrived in California for over a decade without any of the regulations in question.

Ultimately, it seems the proposed “emergency” regulations are not really about protecting the public at all. As the Department’s own “Finding of Emergency” letter demonstrates, the regulations are truly aimed at generating over one billion dollars in additional revenue annually for the Department’s unrelated law enforcement activities, which include the highly controversial APPS Program, at the expense of law-abiding California gun owners.

The letter submitted by the NRA, CRPA, and FFLGuard requests that the Office of Administrative law not to allow the Department a free pass and, like the NRA-supported lawsuit, Belemjian v. Harris, it simply seeks to have the Department open the regulations to public comment and discussion as it should have done from the beginning.

 

Help NRA and CRPA Help You

You can assist in the fight to defend gun owners’ rights in California courts by donating to the NRA Legal Action Project  and the California Rifle and Pistol Association Foundation 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 v. County of San Diego 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.

 

TRENDING NOW
Canada, Six Months from “Confiscation Day”

News  

Monday, November 8, 2021

Canada, Six Months from “Confiscation Day”

In early 2020, Canadian Prime Minister Justin Trudeau announced his so-called “assault weapon” ban along with a temporary amnesty period that allows the owners of newly-banned firearms to possess their property without incurring criminal liability. Canadians affected ...

Senator Grassley Blocks Gun Control on Senate Floor

News  

Friday, December 3, 2021

Senator Grassley Blocks Gun Control on Senate Floor

On December 2, U.S. Senator Chris Murphy (D-CT) attempted and failed to pass H.R. 8, the dangerously flawed, so-called “universal” background check bill.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Pennsylvania: Governor Tom Wolf Vetoes Constitutional Carry

Friday, December 3, 2021

Pennsylvania: Governor Tom Wolf Vetoes Constitutional Carry

Anti-gun Democrat Governor Tom Wolf kept his promise and vetoed Senate Bill 565 on Thursday. 

Biden Administration Bans Importation of Russian Ammunition

News  

Sunday, August 22, 2021

Biden Administration Bans Importation of Russian Ammunition

The Biden Administration’s Department of State announced that it will soon prohibit the importation of Russian ammunition into the United States. According to a release on the Department of State’s website, “[n]ew and pending permit applications ...

Ohio: House Passes Constitutional Carry

Wednesday, November 17, 2021

Ohio: House Passes Constitutional Carry

Today, the House of Representatives voted 60-32 to pass House Bill 227, the constitutional carry bill. It will now go to the Senate for further consideration.

The Right to Bear Arms Gets Its Day in Court

News  

Monday, November 8, 2021

The Right to Bear Arms Gets Its Day in Court

November 3 was a historic day for constitutional rights in the United States, as the U.S. Supreme Court delved into a detailed and sophisticated exploration of the meaning and scope of the Second Amendment’s right ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Sixth Circuit Bails-Out ATF

News  

Monday, December 6, 2021

Sixth Circuit Bails-Out ATF

Last week, the Sixth Circuit failed to achieve the majority necessary to correct the ATF’s shifting classifications of bump stocks as “machine guns.”

New Jersey:  Gov. Murphy Pushing More Gun Control in “Lame Duck” Session

Thursday, December 2, 2021

New Jersey: Gov. Murphy Pushing More Gun Control in “Lame Duck” Session

Gov. Phil Murphy was joined this morning by Assembly Speaker Craig Coughlin to announce yet another assault on New Jersey gun owners.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.