Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California DOJ Withdraws “Assault Weapon” Regulations

Monday, February 13, 2017

California DOJ Withdraws “Assault Weapon” Regulations

As previously reported, after the California Department of Justice submitted regulations regarding newly classified “assault weapons” to the Office of Administrative Law (“OAL”) for publication in the California Code of Regulations (CCR), NRA and California Rifle & Pistol Association submitted a joint-letter to the DOJ explaining the flaws in the regulations and demanding that the regulations be withdrawn or we would be forced to pursue legal action. 

Late on Friday, February 10, the DOJ withdrew the problematic regulations from the OAL’s consideration. It is unclear exactly why the DOJ took this action, however it can be surmised that the NRA-CRPA legal letter likely prompted the move. NRA/CRPA’s letter explains the flaws in both the content and process in which DOJ sought to adopt the submitted regulations. While the regulations have been withdrawn, the underlying statutes remain in effect and new/revised regulations will likely be submitted to OAL in the near future. 

DOJ submitted the now withdrawn “assault weapon” regulations to OAL just before New Year’s Eve as “File and Print” only, meaning DOJ took the position that the regulations were exempt from public comment and should simply be published -- as is.  The regular rulemaking process in California (i.e., the Administrative Procedures Act (APA)), requires State agencies to provide at least 45 days for public comment on any regulation.  DOJ claimed an exemption to the APA as a result of specific language in the recently enacted “assault weapon” statute specifically pertaining to the actual registration process. Contrary to the limits of the exemption contained in the statute itself, the regulations submitted by DOJ to OAL went far beyond what is necessary for the registration process and read more like a wish list from the gun ban lobby. 

Fortunately, NRA and CRPA called DOJ on this ploy and DOJ appears to be reconsidering.   

Recently the DOJ backed down from their “emergency regulations” on so called “large capacity magazines” when faced with opposition from NRA/CRPA attorneys.  Just before New Year’s Eve, the DOJ withdrew the “emergency regulations” after receiving a letter from NRA/CRPA attorneys explaining the regulations failed to meet the legal standard for emergency status. 

What happens next with either set of regulations is unclear. DOJ will inevitably craft some regulations to effectuate the new “assault weapon” law because California law requires newly defined “assault weapons” to be registered before January 1, 2018 under whatever regulations are ultimately adopted.  Now, two months into the New Year, individuals are still lacking clear criteria and guidance on how to comply with the law and register their newly defined “assault weapons.” 

Regardless of how this regulatory mess plays out, NRA and CRPA are committed to staying on top of  DOJ regulations and actively preparing lawsuits against the laws pertaining to “assault weapons,” “large capacity magazines” and many other issues impacting your Second Amendment rights in California. To help support legal efforts in California please click here.     

To learn more about the new 2017 gun laws, click here to view archived NRA/CRPA webinars. 

Check your email and www.NRAILA.org to stay up to date on DOJ’s regulations and other important firearm related issues happening in California.

 

TRENDING NOW
Fourth Circuit Court of Appeals Ignores Heller: No Protection for Guns It Deems “Dangerous”

News  

Wednesday, February 22, 2017

Fourth Circuit Court of Appeals Ignores Heller: No Protection for Guns It Deems “Dangerous”

Ever since the U.S. Supreme Court’s opinions in Heller and McDonald, many of the lower U.S. courts have been making up their own rules when it comes to the Second Amendment. Tuesday’s outrageous opinion by ...

Hawaii: Anti-Gun Legislation Passes Committee

Thursday, February 23, 2017

Hawaii: Anti-Gun Legislation Passes Committee

SB 898, sponsored by state Senator Ronald Kouchi (D-8), would permanently strip an individual of their Second Amendment rights, not based on a criminal conviction or mental adjudication, but based on a quasi-criminal proceeding.  The ...

Washington: Anti-Gun Legislation Could be Heard on the Floor Next Week

Friday, February 24, 2017

Washington: Anti-Gun Legislation Could be Heard on the Floor Next Week

As early as next week, the Washington House of Representatives could hear and vote on House Bill 1122 and House Bill 1483.

Amicus Briefs Filed in Support of Petition for Supreme Court Review in Peruta Right-to-Carry Case

Friday, February 24, 2017

Amicus Briefs Filed in Support of Petition for Supreme Court Review in Peruta Right-to-Carry Case

In January, California Rifle & Pistol Association attorneys filed a petitionwith the United States Supreme Court asking the Court to review the NRA-supported case of Peruta v. California, which seeks to confirm that the Second ...

Taxachusetts: Bay State Politician Wants to Soak Gun Owners

News  

Friday, February 24, 2017

Taxachusetts: Bay State Politician Wants to Soak Gun Owners

In an attempt to further punish Massachusetts’s beleaguered gun owners, on January 20, Massachusetts State Senator Cynthia S. Creem filed SD.1884. The legislation includes a raft of gun control measures, not the least of which ...

DNC Chair Frontrunner Rep. Keith Ellison (D-Minn.) Hides from his Radical Anti-gun Record

News  

Friday, February 24, 2017

DNC Chair Frontrunner Rep. Keith Ellison (D-Minn.) Hides from his Radical Anti-gun Record

With the Democratic National Committee’s officers election set for Saturday, earlier this week CNN hosted a debate featuring the candidates vying to be the next DNC chair. During the debate, CNN’s Dana Bash confronted Rep. ...

A Fourth Circuit Trifecta: New Rulings Confirm Need for Judges who Respect Second Amendment

News  

Friday, February 24, 2017

A Fourth Circuit Trifecta: New Rulings Confirm Need for Judges who Respect Second Amendment

Anyone still unconvinced about the importance of the courts and the need for justices who support Second Amendment rights had plenty of food for thought this month, with the U.S. Court of Appeals for the ...

Justice Ruth Bader Ginsburg Praises Legacy Media in Interview with British Press

News  

Friday, February 24, 2017

Justice Ruth Bader Ginsburg Praises Legacy Media in Interview with British Press

Citing Justice John Paul Stevens’s retirement at age 90, the U.S. Supreme Court’s reigning liberal icon, 83-year-old Justice Ruther Bader Ginsburg, told a BBC interviewer that she still “has a way to go” in her ...

Kentucky: Senate Constitutional/Permitless Carry Legislation Amended

Wednesday, February 22, 2017

Kentucky: Senate Constitutional/Permitless Carry Legislation Amended

Today, Senator Robin Webb (D-18) offered a strike and insert amendment to constitutional/permitless carry legislation, Senate Bill 7.

New Hampshire Governor Signs Constitutional Carry Into Law

News  

Wednesday, February 22, 2017

New Hampshire Governor Signs Constitutional Carry Into Law

Measure Effective Immediately. Today was a great victory for gun owners in New Hampshire when Gov. Chris Sununu signed Senate Bill 12 into law, allowing law-abiding New Hampshirites to carry their firearms in the manner that ...

MORE TRENDING +
LESS TRENDING -
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.