Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: Pre-Litigation Demand Letter sent to DOJ opposing “Bullet Button Assault Weapon” Regulations

Monday, January 9, 2017

California: Pre-Litigation Demand Letter sent to DOJ opposing “Bullet Button Assault Weapon” Regulations

As previously reported, the California Department of Justice (DOJ) officially submitted regulations regarding newly classified “Bullet Button Assault Weapons” to the Office of Administrative Law (“OAL”) for final publication in the California Code of Regulations (CCR).  The regulations were submitted to OAL as “File and Print” only, meaning DOJ is claiming that the regulations are expressly exempted by statute from public comment or OAL review.  The regular rulemaking process in California requires State agencies to provide at least 45 days for public comment on any regulation.  But if OAL accepts DOJ’s position that all of their “assault weapon” regulations are exempt from this ordinary adoption process, the regulations will then be published in the CCR without any opportunity for public comment. 

DOJ claims an exemption as a result of specific language in the recently enacted “assault weapon” law regarding the registration process. As enacted, the law requires DOJ to create regulations providing gun owners with the information necessary on how to properly register their bullet-button firearms with DOJ as an “assault weapon.” The law exempts such registration related regulations from the typical rulemaking process, but significantly, only to the extent necessary for the actual registration process. 

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. 

Don’t forget tomorrow, Tuesday January 10 at 12:00 p.m., NRA and CRPA’s legal team will be hosting a free webinar on the recently submitted “Bullet Button Assault Weapon” regulations. You can register for the webinar by clicking here. Submit questions in advance to [email protected]. If you are unable to attend the webinar, it will be archived for later viewing.

Be sure to stay tuned to your inbox and www.nraila.org for updates on this issue and many more effecting your rights.  

 

 

TRENDING NOW
Biden’s Anti-gun Lies are Too Much Even for Legacy Press Fact Checkers

News  

Monday, April 19, 2021

Biden’s Anti-gun Lies are Too Much Even for Legacy Press Fact Checkers

With President Joe Biden securely in office and the 2024 presidential election 43 months away, the mainstream press has determined it an acceptable time to expose the frequent fibber’s most flagrant falsehoods.

Hunter Biden Memoir Among Mounting Evidence of Federal Gun Law Violations

News  

Monday, April 19, 2021

Hunter Biden Memoir Among Mounting Evidence of Federal Gun Law Violations

As President Joe Biden and his Department of Justice concoct new firearm restrictions for ordinary law-abiding Americans, 

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.

In New Executive Gun Control Push, Biden Seems to Throw Obama, and Himself, Under the Bus

News  

Monday, April 12, 2021

In New Executive Gun Control Push, Biden Seems to Throw Obama, and Himself, Under the Bus

At Biden's recent Rose Garden ceremony, where he announced his latest assault on the Second Amendment, he lied a number of times, and garbled the name of the federal agency tasked with enforcing federal gun ...

New Jersey: Gov. Murphy Announces Drastic Gun Control Agenda

Thursday, April 15, 2021

New Jersey: Gov. Murphy Announces Drastic Gun Control Agenda

Thursday morning, Gov. Phil Murphy held a press conference to unveil yet another gun control package in the Garden State.  

Louisiana: Senate Committee Passes Constitutional Carry Legislation

Monday, April 19, 2021

Louisiana: Senate Committee Passes Constitutional Carry Legislation

Today, Senate Judiciary C Committee passed Constitutional Carry legislation, Senate Bill 118, by a 3 to 2 vote.  

Nevada: Assembly Passes Ban on Home-Built Firearms

Wednesday, April 21, 2021

Nevada: Assembly Passes Ban on Home-Built Firearms

Yesterday, the Assembly voted 26-16 to pass an amended version of Assembly Bill 286, to end the centuries old practice of making firearms for personal use.

North Carolina: House to Hear Pistol Permit Repeal Language

Tuesday, April 20, 2021

North Carolina: House to Hear Pistol Permit Repeal Language

Today, at 3:00PM, the House Judiciary 4 Committee is going to hear an amendment to House Bill 398, to add language legalizing acquiring handguns without having to first apply for a permit.

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.

West Virginia: Gov. Justice Signs Bill to Protect 2A Rights in Emergencies

Wednesday, April 21, 2021

West Virginia: Gov. Justice Signs Bill to Protect 2A Rights in Emergencies

Today, Governor Jim Justice signed Senate Bill 458 into law. It prohibits the state, government officials and agencies, or local governments, from restricting the lawful carrying, sale, or use of firearms and ammunition during states of emergency ...

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..