Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California: Lawsuit Filed Against Recently Enacted “Assault Weapon” Regulations

Thursday, September 7, 2017

California: Lawsuit Filed Against Recently Enacted “Assault Weapon” Regulations

On September 7, attorneys for the National Rifle Association (NRA) and the California Rifle & Pistol Association (CRPA), filed the third in a series of planned lawsuits that challenge California’s recently enacted anti-gun restrictions collectively known as “gunmageddon” among gun owners. 

This latest lawsuit, titled Villanueva v. Becerra, challenges the California Department of Justice’s (DOJ) recently enacted “assault weapon” regulations.  These regulations were pushed through to finalize the implementation of new laws passed in 2016 (AB 1135 and SB 880) banning the sale, transfer, and possession of certain rifles and pistols equipped with magazine locking devices, typically known as “bullet buttons.”  These firearms were previously not considered “assault weapons,” but must now be registered as such with DOJ.  California gun owners own thousands—potentially hundreds of thousands—of such firearms. 

Prior to their enactment, the NRA and CRPA attorneys repeatedly warned DOJ and the Office of Administrative Law (OAL) of the many flaws with the regulations, and that by enacting them without any input from the public, DOJ would be violating California’s Administrative Procedure Act (APA) - which requires DOJ to first obtain and consider public input on any proposed regulation.  Unsurprisingly, DOJ ignored those warnings, and instead pushed their regulations through without seeking or accepting any public input. 

There is a narrow exception in the law that allows DOJ to bypass the APA for regulations that set up the “assault weapon” registration process, but DOJ’s regulations go far beyond what is necessary for the registration of newly classified “assault weapons.”  In addition to creating over 40 new definitions, the regulations revise existing “assault weapon” regulations, require excessive personal information as a condition of registration (including where and how the firearm was acquired and a requirement to provide DOJ with photographs of the firearm), require home-built firearms first obtain a DOJ-approved serial number as a condition of registration, expand the definition of an “assault weapon” to certain shotguns, and restrict the modification or reconfiguration of a firearm after it is registered. 

The NRA and CRPA attorneys filed the Villanueva lawsuit in Fresno Superior Court, challenging the regulations as violating the APA on the grounds that the regulations lack appropriate legislative authority and otherwise conflict with existing state laws. 

To learn more about Villanueva, as well as the other lawsuits challenging the “Gunmageddon” laws, subscribe to NRA and CRPA email alerts, and visit the NRA and CRPA’s websites at www.standandfightcalifornia.com and www.crpa.org. If you are interested in being a plaintiff in a lawsuit like Villanueva, including the upcoming lawsuit challenging California’s recently enacted ammunition sales restrictions, please email NRA and CRPA attorneys at potentialplaintiffs@michellawyers.com

Please continue to check your inbox and the California Stand and Fight webpage for updates on issues impacting your Second Amendment rights and hunting heritage in California. 

TRENDING NOW
NRA Wins Lawsuit in Washington State, Prevents I-1639 From Appearing on Ballot

News  

Friday, August 17, 2018

NRA Wins Lawsuit in Washington State, Prevents I-1639 From Appearing on Ballot

The Thurston County Superior Court today ruled in favor of the National Rifle Association and ordered a writ of mandamus to prevent I-1639 from appearing on the ballot. The judge agreed the signature sheets did ...

No NRA Members Need Apply

News  

Friday, August 17, 2018

No NRA Members Need Apply

Like most people, we understand that educational institutions and staff tend to lean left. The degree and intensity of the bend varies across universities, but a leftward orientation is actually expected today. We’re aware that ...

Canada: Montreal to Endorse Nationwide Handgun Ban, Police Content with Current Laws

News  

Gun Laws  

Friday, August 17, 2018

Canada: Montreal to Endorse Nationwide Handgun Ban, Police Content with Current Laws

Politicians from the largest city in the Canadian gun control stronghold of Quebec plan to put their weight behind a raft of severe gun restrictions next week. According to a report from Radio Canada International, the Montreal City ...

Fake Blues: The Media’s Worst Enemy Isn’t the President, It’s Themselves

News  

Friday, August 17, 2018

Fake Blues: The Media’s Worst Enemy Isn’t the President, It’s Themselves

On Thursday, over 300 media outlets joined in a coordinated effort to push back against President Donald Trump. That will hardly come as a shock to many Americans, as it seems mainstream news organizations have done little ...

Shopify Targets Law-Abiding Firearm Businesses

Gun Laws  

News  

Friday, August 17, 2018

Shopify Targets Law-Abiding Firearm Businesses

This week, Canadian e-commerce host Shopify changed their company’s firearm policy with disastrous effects for law-abiding U.S. gun businesses that use their e-commerce services. Shopify’s abrupt overnight decision to block the sale of specific firearms ...

Outrage of the Week: Shopify Targets America's Guns

News  

Wednesday, August 15, 2018

Outrage of the Week: Shopify Targets America's Guns

Hundreds of firearms retailers may have to close soon because a powerful Canadian tech company, Shopify, recently decided it was anti-gun and issued an ultimatum: Do business our way or not at all.

King County Unveils “Common Sense” Action Plan: Ban “Semi-automatic, High Velocity Weapons”

News  

Friday, August 10, 2018

King County Unveils “Common Sense” Action Plan: Ban “Semi-automatic, High Velocity Weapons”

In a July 23rd op-ed, Joe McDermott, the Council Chair of King County, Washington, introduced a multi-prong “King County Gun Safety Action Plan” aimed at reducing gun violence.

Divided Appeals Panel Upholds California Ban on Post-2013 Pistols

News  

Friday, August 10, 2018

Divided Appeals Panel Upholds California Ban on Post-2013 Pistols

Imagine if California, to combat what the legislature considered the serious problem of manmade global warming, required all new vehicles sold by car dealers in the state to run on grass clippings, rather than fossil ...

Saturday, August 18, 2018

ALERT! Florida Democrats Did an Awesome Election Favor for Republicans

The anti-Second Amendment, Democrat politicians who demanded that the Legislature vote on calling a Special Session to repeal Florida's Stand Your Ground self-defense law either unwittingly or intentionally provided a great service to Republican incumbent ...

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.