California: The NRA and CRPA File Joint-Opposition Letter Against Proposed Regulations Regarding Magazines Capable of Holding More Than 10 Rounds

On Wednesday, December 28, the NRA and CRPA submitted a joint-opposition letter to the California Department of Justice (DOJ) and the Office of Administrative Law (OAL) opposing the proposed “emergency” regulations relating to magazines capable of holding more than 10 rounds (so-called “large-capacity magazines”) and “large capacity magazine conversion kits.”  If enacted, the regulations would: change the requirements for obtaining and maintaining a “large-capacity magazine permit;” add new regulations addressing “large capacity magazine conversion kits;” add new regulations on how individuals must “permanently alter” a magazine to accept no more than 10 rounds; and add new regulations concerning multi-tube shotguns. 

The letter highlights why the OAL, the California agency tasked with overseeing the rulemaking process, should reject DOJ’s proposed emergency regulations.  For one, the laws covering so-called “large-capacity magazines” in California have been around for 17 years without DOJ feeling it necessary to provide clarification of the law’s terms.  Even so, DOJ failed to present any evidence that an emergency exists to implement these regulations immediately.  Thus, DOJ should be forced to follow the typical rulemaking process that would allow ample time for public participation and comment.  What’s more, there is no immediate need to clarify either the existing law or the new restriction on the possession of “large-capacity magazines” set to take effect on July 1, 2017.

As was previously reported, these regulations were thrust upon unsuspecting California gun owners just days before the holidays under California’s “emergency” rulemaking process, limiting the timeframe for public participation to just 5 days.  To assist gun owners and other law-abiding citizens, the NRA and CRPA’s team of attorneys crafted a detailed analysis of their potential impact and why they should be opposed.  

Following the close of the public comment period, DOJ has the option to file a rebuttal to any of the comments made by the public.  DOJ may file this rebuttal on or before December 31.  This includes rebutting the arguments raised in NRA and CRPA’s joint-opposition letter. The OAL will make a final decision on the proposal no later than January 2, 2017.  If OAL approves the regulations, the regulations will be sent to the California Secretary of State and will become law for a limited time until the permanent regulations are proposed and adopted.  If OAL rejects the emergency regulations, we expect DOJ to resubmit the regulations for consideration through the standard rulemaking process.  Information concerning the regulatory rulemaking process may be found at OAL’s website: http://www.oal.ca.gov 

Regardless of the outcome we will keep you informed as to the status of these and any other regulations DOJ may be rolling out over the next couple of months.  Check your email and www.NRAILA.org to stay up-to-date on any future developments.