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 webinarquestions@michellawyers.com. 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
U.S. Politicians Cheer New Zealand Gun Confiscation

News  

Friday, March 22, 2019

U.S. Politicians Cheer New Zealand Gun Confiscation

American gun owners have once again been reminded that the ultimate goal of U.S. gun control advocates is firearms bans and confiscation. Since the heinous terrorist attack in Christchurch, New Zealand, American anti-gun politicians, activists, ...

Alaska State Commission for Human Rights Director Attacks Human’s Rights

News  

Friday, March 22, 2019

Alaska State Commission for Human Rights Director Attacks Human’s Rights

The Last Frontier is also one of the last places one expects to find rights-trampling government officials. The state’s strong libertarian streak is one of the reasons a recent report regarding the authoritarian behavior of an official ...

Iowa: House Passes Bill to Improve Hunting Opportunities

Hunting  

Friday, March 22, 2019

Iowa: House Passes Bill to Improve Hunting Opportunities

On March 20th, the Iowa state House of Representatives voted 57-40 to pass House File 716 to improve hunting opportunities in Iowa by expanding the types of cartridges that may be used for hunting.  HF 716 will ...

Legacy Media Push New Zealand Gun Confiscation Using Lies about Australian Ban

News  

Friday, March 22, 2019

Legacy Media Push New Zealand Gun Confiscation Using Lies about Australian Ban

The ongoing cheerleading effort by the international press in furtherance of the New Zealand government’s gun confiscation plans is enough to make any journalist with even a shred of objectivity blush. Worse, some outlets have ...

Governor Bevin Signs NRA-backed Constitutional Carry

News  

Monday, March 11, 2019

Governor Bevin Signs NRA-backed Constitutional Carry

The NRA applauds Kentucky Governor Matt Bevin for signing Senate Bill 150 into law, an NRA-backed bill that fully recognizes the constitutional right of law-abiding gun owners to carry a concealed firearm.

NRA Praises Vermont Superior Court Decision on Magazine Bans

News  

Thursday, March 21, 2019

NRA Praises Vermont Superior Court Decision on Magazine Bans

NRA applauds the Vermont Superior Court for allowing a lawsuit challenging the State's ban on standard capacity magazines to proceed. 

Illinois Court Throws Out Deerfield Gun Ban

News  

Friday, March 22, 2019

Illinois Court Throws Out Deerfield Gun Ban

NRA applauds Illinois court ruling throwing out Village of Deerfield's ban on commonly owned firearms and magazines.

Pro-Gun Senators Introduce Bill to Prohibit Discrimination in Financial Services

News  

Friday, March 22, 2019

Pro-Gun Senators Introduce Bill to Prohibit Discrimination in Financial Services

On March 14, pro-gun Sens. Kevin Cramer (R-ND) and John Kennedy (R-LA) introduced S. 821 the Freedom Financing Act, a bill to prohibit discrimination against the firearms industry in the provision of financial services.

Washington: Firearm Seizure & Other Bills to Be Heard In Committees

Sunday, March 24, 2019

Washington: Firearm Seizure & Other Bills to Be Heard In Committees

This week, the Washington state Senate Committee on Law & Justice and the House Committee on Civil Rights & Judiciary will be hearing several bills affecting Second Amendment rights that crossed over from the opposite ...

Grassroots Spotlight: NRA New Mexico FAL Couple -- Fighting Bloomberg Gun Control

Take Action  

Friday, March 15, 2019

Grassroots Spotlight: NRA New Mexico FAL Couple -- Fighting Bloomberg Gun Control

The precursor to the NRA-ILA Frontlines Activist Leader Program (FAL) was known as the NRA-ILA Election Volunteer Coordinator (EVC) Program, and it started in 1994.  The “Election” in the EVC title was there to emphasize ...

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.