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
Dick’s Spends Big on Gun-Chopping, Virtue-Signaling Bonanza (But It Will Still Sell You a Firearm)

News  

Sunday, October 13, 2019

Dick’s Spends Big on Gun-Chopping, Virtue-Signaling Bonanza (But It Will Still Sell You a Firearm)

Ed Stack, the CEO of Dick’s Sporting Goods, wants you to know he’s committed to keeping AR-15s “off the street.” But he’s also committed (for the time being) to selling other types of firearms.

California: Anti-Gun and Anti-Hunting Bill Signed into Law

Monday, October 14, 2019

California: Anti-Gun and Anti-Hunting Bill Signed into Law

Prior to the October 13 deadline, Governor Newsom signed the final anti-gun and anti-hunting bills, AB 1254 and SB 172 into law.  

California: Governor Newsom Signs Anti-Gun Bills into Law

Friday, October 11, 2019

California: Governor Newsom Signs Anti-Gun Bills into Law

Earlier today, Governor Newsom signed the seven anti-gun bills listed below into law.  

Number of Concealed Carry Permit Holders Increased Again

News  

Sunday, October 13, 2019

Number of Concealed Carry Permit Holders Increased Again

Last week, economist John Lott of the Crime Prevention Research Center released “Concealed Carry Permit Holders Across the United States: 2019,” his annual report on the number of concealed carry permit holders in the U.S.

Kamala Harris and Her Perplexing Anti-Gun Ideas

News  

Friday, August 2, 2019

Kamala Harris and Her Perplexing Anti-Gun Ideas

U.S. Senator Kamala Harris (D-Calif.), one of the two-dozen Democrat presidential hopefuls vying to take on President Donald Trump in 2020, has been promoting her anti-gun platform for many months. This isn’t really news, as ...

Illinois: Task Force May Ponder More Gun Control

Tuesday, October 15, 2019

Illinois: Task Force May Ponder More Gun Control

The Illinois House Firearm Public Awareness Task Force is scheduled to meet on October 16, 2019. The task force could potentially make policy recommendations with various gun control schemes. %MCEPASTEBIN%

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.

Virginia’s Anti-gun Politicians Put Politics Before Fighting Gun Crime

News  

Sunday, October 13, 2019

Virginia’s Anti-gun Politicians Put Politics Before Fighting Gun Crime

Virginia’s anti-gun politicians are serious about attacking law-abiding gun owners, but are indifferent about actual gun crime. As highlighted in a recent report in the Washington Free Beacon by Stephen Gutowski, the Virginia Department of Justice Services ...

Member Spotlight: Meet the Police Officer Who Told Congress She ‘Would Not Comply' with a Gun Ban

News  

Friday, October 4, 2019

Member Spotlight: Meet the Police Officer Who Told Congress She ‘Would Not Comply' with a Gun Ban

Last week, a retired Tulsa, Oklahoma law enforcement officer testified in a Congressional hearing that she “would not comply” if Congress passes a ban on firearms. Her bold assertion earned her national media attention and ...

Grassroots Spotlight: NRA-ILA Fighting the Bloomberg Money In Virginia 2019 Elections

News  

Sunday, October 13, 2019

Grassroots Spotlight: NRA-ILA Fighting the Bloomberg Money In Virginia 2019 Elections

The Nov. 5th election may be the most consequential ever for our Second Amendment rights in the Commonwealth. That’s because every seat in the Virginia House of Delegates and Senate is up for grabs and gun control ...

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.