California Legal Update | June 2018
This report provides an overview of just some of the efforts the National Rifle Association of America and the California Rifle & Pistol Association, Inc., are taking to protect the rights of California gun owners. Although litigation plays an extremely important role in the fight for the right to keep and bear arms, NRA and CRPA are heavily involved in many other tremendous and equally important endeavors throughout California and across the nation.
As has been and always will be the case, NRA and CRPA invest enormous amounts of resources to protect the Second Amendment at all levels of California’s government, including all 58 counties, all 482 municipalities, and all state and local agencies tasked with enforcing the myriad of complex and ever expanding gun laws.
Firearms Litigation Report
The litigation report provides a brief overview and update on NRA and CRPA’s recent litigation efforts in California, including amicus and consulting support in other firearm related cases.
Local Ordinance Project Report
The Local Ordinance Project (“LOP”) is a joint venture between the NRA and CRPA to research and actively monitor all of California’s local jurisdictions to oppose any proposed ordinance, law, or policy that threatens Second Amendment Rights. LOP efforts include developing and working with a network of professionals, citizens, local government officials, and law enforcement professionals to effectively oppose local threats to California gun owners.
Opposition campaigns typically include the preparation of opposition or pre-litigation demand letters, grassroots coordination, public information campaigns, and, in some cases, appearances at city council hearings. In many instances, these efforts have prompted local governments to vote down proposals or pull them from consideration. LOP efforts also serve as the foundation for NRA and CRPA litigation efforts against municipalities that enact anti-gun legislation.
Regulatory Matters Report
NRA and CRPA are also heavily invested in firearm law enforcement issues through their Regulatory Counsel efforts, which monitors the California DOJ and local law enforcement's interpretations of California firearm laws on a daily basis.
Ongoing efforts include drafting regulatory comment letters, providing legal support to NRA and CRPA lobbyists, drafting NRA and CRPA member alerts, and providing advice to NRA and CRPA members. Regulatory Counsel also collaborates with overlapping litigation, legislative, and regulatory matters to effectively oppose improper actions and incorrect interpretations of California law by state and local agencies.
Regulatory Counsel is responsible for many of the recently published webinars available on the CRPA’s website which provide gun owners with a comprehensive analysis of recently enacted legislation and the recently proposed “assault weapon” regulations from the California DOJ.
Hunting Matters Report
Closely related to Regulatory Counsel are NRA and CRPA’s efforts to monitor and respond to issues impacting hunters throughout California. These efforts include developing strategies and taking action when necessary before the Legislature, the Fish & Game Commission, local municipalities, and other various regulatory agencies.
Hunting Regulatory efforts are also dedicated to pushing back against rabidly anti-hunting forces such as the United States Humane Society, and to improve policies impacting hunters in California to effectively promote and defend the right to hunt in California.
Range Matters Report
Last but not least, NRA and CRPA continually monitor environmental, land use, and design and safety issues that heavily affect shooting ranges and areas in California and throughout the nation.
NRA and CRPA’s range assistance efforts include regular range evaluations and meeting with Club Boards to strategize and assist with coordination of defense campaigns against “not in my backyard” efforts from environmental non-governmental organizations, state and federal agencies, and municipal governments.
Click on the case name below to reveal more information about the case status and what's next.
California and 9th Circuit Litigation Matters
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Rhode v. Becerra: Challenge to California’s Ammunition Sales Restrictions
Case Status: The case was filed on April 26, 2018, in response to Proposition 63 and Senate Bill 1235’s restrictions regarding the sale and transfer of ammunition in California. The lawsuit challenges these restrictions as a violation of the Second Amendment, Commerce Clause, and Equal Protection Clause of the United States Constitution, as well as a violation of the Firearm Owner’s Protection Act. Six-time Olympic medal winner Kim Rhode spearheads this lawsuit as lead plaintiff.
What's Next: The state has filed a motion to dismiss. Plaintiffs will soon file an opposition to that motion.
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Rupp v. Becerra: Challenge to California’s “assault weapon” restrictions
Case Status: The case was filed on April 24, 2017, in response to SB 880 and AB 1135. It challenges California’s entire “assault weapon” ban as violating the Second Amendment and due process and takings clauses of the U.S. Constitution. Plaintiffs filed a preliminary injunction motion to prevent the State from requiring individuals to provide the date they acquired their firearms and the name and address of the person from whom they acquired them, as a condition of registration, but that motion was denied on May 9, 2018.
What's Next: Plaintiffs recently filed an amended complaint and will seek a temporary restraining order preventing the requirement from being enforced while the case in pending.
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Duncan v. Becerra: Challenge to California's ban on standard capacity magazines
Case Status: The case was filed on April 24, 2017, in response to SB 880 and AB 1135. It challenges California’s entire “assault weapon” ban as violating the Second Amendment and due process and takings clauses of the U.S. Constitution. Plaintiffs filed a preliminary injunction motion to prevent the State from requiring individuals to provide the date they acquired their firearms and the name and address of the person from whom they acquired them, as a condition of registration, but that motion was denied on May 9, 2018.
What's Next: Plaintiffs recently filed an amended complaint and will seek a temporary restraining order preventing the requirement from being enforced while the case in pending.
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Villanueva v. Becerra: Challenge to DOJ’s recently enacted “assault weapon” registration regulations
Case Status: The case was filed on August 17, 2016, as a direct response to Peruta. It seeks to force the court to decide whether it is willing to uphold a complete prohibition on the right of law-abiding citizens to carry a firearm for self-defense. The parties filed cross-motions for summary judgment. On May 24, 2018, the court issued a decision granting Defendant’s motion for summary judgment.
What's Next: Plaintiffs will soon be filing an appeal.
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Flanagan v. Becerra: Challenge to California and Los Angeles' Firearm Carry Restrictions Prohibitting Both Open and Concealed Carry
(Formerly Flanagan v. Harris)
Case Status: The case was filed on August 17, 2016, as a direct response to Peruta. It seeks to force the court to decide whether it is willing to uphold a complete prohibition on the right of law-abiding citizens to carry a firearm for self-defense. The parties filed cross-motions for summary judgment. On May 24, 2018, the court issued a decision granting Defendant’s motion for summary judgment.
What's Next: Plaintiffs will soon be filing an appeal.
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Bauer v. Becerra: Challenge to DOJ's excessive DROS fees that generated a massive surplus
(formerly Bauer v. Harris)
Case Status: In March 2015, the district court issued an opinion upholding California’s use of DROS fees to fund APPS and other law enforcement activities. On June 1, 2017, the Ninth Circuit affirmed the district court opinion. And on July 12, it denied Plaintiffs’ request for an en banc hearing. Plaintiffs’ filed a petition for review, but the United States Supreme Court declined to rehear the case.
What's Next: Because the Supreme Court declined to rehear the case, the Ninth Circuit’s decision is final, and the case is now closed.
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Gentry v. Becerra: Challenge to DOJ's Use of DROS surplus to fund APPS
(formerly Gentry v. Harris)
Case Status: Plaintiffs filed an amended complaint alleging that the DROS fee is an invalid tax. On August 9, 2017, the district court issued a ruling granting Plaintiffs’ request to prohibit DOJ from using DROS fees to fund unrelated law enforcement efforts and requiring DOJ to perform its statutorily required review of the current $19 fee to determine whether it is “no more than necessary to fund” DOJ’s costs for processing DROS transactions.
What's Next: Plaintiffs’ motion for leave to amend their complaint to include claims developed through discovery will be heard on June 22, 2018. And a hearing on the case’s merits is scheduled for August 24.
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Belemjian v. Becerra: Challenge to CA DOJ's underground regulations regarding the FSC Program
(formerly Belemjian v. Harris)
Case Status: This case forced DOJ to comply with the process for enacting regulations, which it sought to avoid when implementing the FSC program in February 2015. Plaintiffs appealed the lower court’s denial of Plaintiffs’ request for attorneys’ fees.
What's Next: On March 29, 2018, the Court of Appeal affirmed the denial of plaintiffs’ fee motion. Further action is being considered.
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Parker v. California: Vagueness challenge to AB 962's "handgun ammunition" sales registration requirement and mail order ban
Case Status: In December 2016, because of Prop 63, the California Supreme Court dismissed its review of a Court of Appeal opinion affirming the trial court’s order striking down AB 962. The Court of Appeal’s decision is now the final opinion in the case, and Plaintiffs are seeking their attorneys’ fees against the State.
What's Next: Plaintiffs’ motion for attorneys’ fees on appeal was heard on September 14, 2017. A further hearing is scheduled for April 5, 2018, and a decision is expected soon. Meanwhile, the denial of fees for work in the trial court is currently on appeal. Separate litigation is being prepared to challenge the ammunition restrictions in Prop 63.
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Challenge to California's recently enacted ammunition sale restrictions
Case Status: NRA and CRPA attorneys are in the final stages of preparing a lawsuit challenging California’s recently enacted ammunition sales restrictions pursuant to Proposition 63 and Senate Bill 1235.
What's Next: Make sure you are subscribed to NRA and CRPA email alerts to stay informed on this and other important Second Amendment lawsuits.
California and 9th Circuit Amicus and Consulting Support
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Teixeira v. Alameda County: FFL Zoning Restrictions
Case Status: On October 10, 2017, an 11-judge en banc panel of the Ninth Circuit issued an opinion holding that the Second Amendment does not protect a right to sell firearms. Aa result, the court held, Alameda County’s FFL zoning restrictions do not unconstitutionally burden the right to keep and bear arms. Plaintiffs filed a petition for review, but the United States Supreme Court declined to rehear the case.
What's Next: Because the Supreme Court declined to rehear the case, the Ninth Circuit’s decision is final, and the case is now closed.
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Pena v. Lindley: California Handgun Roster
Case Status: The federal district court upheld the Roster in 2015. Plaintiffs appealed, and oral arguments were held on March 16, 2017. NRA and CRPA filed an amicus brief in the case on July 27, 2015.
What's Next: Awaiting a decision from the 9th Circuit.
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Silvester v. Harris: 10-day Wait as applied to current firearm owners
Case Status: In December 2016, the Ninth Circuit issued its decision upholding the 10-day wait as applied to current gun owners. Chief Judge Sydney Thomas went even further and stated that the restriction is “presumptively lawful” and therefore falls “outside the scope of the Second Amendment.” The United States Supreme Court declined to rehear the case, but not without a strong dissenting opinion from Justice Thomas.
What's Next: Because the Supreme Court declined to rehear the case, the Ninth Circuit’s decision is final, and the case is now closed.
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Tracy Rifle & Pistol v. Becerra: 1st Amendment challenge to handgun ad prohibition
(formerly Tracy Rifle & Pistol v. Harris)
Case Status: In July 2015, the district court denied a request to prohibit enforcement while the case proceeds. That decision was appealed, and in February 2016 the 9th Circuit upheld the lower court’s order within two weeks of oral arguments. Cross-motions for summary judgment have been filed in the district court.
What's Next: Awaiting a decision from the District Court on the cross-motions for summary judgment.
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NSSF v. Pleasant Hill: FFL zoning ordinance
Case Status: The case has been settled.
What's Next: The City has agreed to pay NSSF over $400,000 in legal fees.
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Doe v. Becerra: Challenges DOJ regulation barring sale of more than one handgun in 30 days to COE holders
(formerly Doe v. Harris)
Case Status: On February 8, 2018, the California Court of Appeal issued a decision invalidating DOJ’s long-held position that licensed collectors with a valid COE are only exempt from the one handgun per 30-day restriction for curio/relic purchases.
What's Next: Defendants declined to petition the California Supreme Court for review and the case is now closed.
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Nesbitt v. U.S. Army Corps of Engineer: Challenge to ban on possession and carriage of firearms on recreational Army Corps' lands
Case Status: At the request of both parties, oral arguments have been cancelled, and the case has been referred to the 9th Circuit’s mediation program.
What's Next: The Army Corps of Engineers is reconsidering its firearms policy, and will work with plaintiffs to settle the matter outside of court.
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NSSF v. California: State Court challenge to California's microstamping requirements
Case Status: On December 1, the California Court of Appeal issued a ruling in favor of NSSF, allowing the lawsuit to proceed in the lower court. But Defendants petitioned for review, and Oral arguments before the California Supreme Court were held on April 4, 2018.
What's Next: Awaiting a decision from the California Supreme Court.
National Cases with California Interest
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Kolbe v. Hogan: Challenges Maryland's ban on “assault weapons” and 10+ round magazines
Case Status: On February 21, 2017, an “en banc” panel of the 4th Circuit issued an opinion upholding Maryland’s ban that referred to America’s most popular types of rifles as “exceptionally lethal weapons of war.” Plaintiffs petitioned the United States Supreme Court for review, but that petition was denied on November 27, 2017.
What's Next: Although the “en banc” decision is now final, other lawsuits challenging similar restrictions (such as Rupp) are currently pending, and will provide another opportunity for the Supreme Court hear an “assault weapon” lawsuit.
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Grace v. District of Columbia: Challenges Washington D.C.’s “good reason” requirement for the issuance of a CCW permit
Case Status: On July 25, the D.C. Circuit issued its decision declaring Washington D.C.’s “good reason” requirement for the issuance of a CCW as a violation of the Second Amendment. The Court also issued a permanent injunction prohibiting D.C. from enforcing the requirement.
On September 28, the D.C. Circuit denied Washington D.C.’s request for rehearing.
What's Next: On October 5, 2015, Washington D.C.’s Attorney General decided to not petition the case to the United States Supreme Court. As a result, Washington D.C. is now effectively a “shall-issue” jurisdiction.
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Local Ordinance Project Report
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Statewide Local Elections
Description: LOP works hard to inform California gun owners of political candidate's voting records on Second Amendment Issues.
LOP Response: Continually develop and maintain detailed voting histories of local politicians, including whether they proposed or supported any firearm-related legislation.
Current Status: Ongoing.
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Huntington Beach Ballot Initiative Banning Semiautomatic Firearms
Description: In December, the City of Huntington Beach issued title and summary for a proposed local ballot initiative that seeks to ban the possession of all semiautomatic firearms within city limits.
LOP Response: NRA and CRPA alerted members to the proposed initiative and are currently monitoring its development.
Current Status: Proponents of the measure have until June 2018 to obtain the required number of signatures to move forward. Should it do so, NRA and CRPA attorneys will be ready to file suit if necessary.
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Santa Clara County Gun Shows
Description: In March 2018, the Santa Clara County Board of Supervisors directed County Counsel to draft an ordinance prohibiting gun shows on county-owned property.
LOP Response: NRA and CRPA alerted members to the proposal, but it is unknown at this time when County Counsel will submit a draft ordinance for review.
Current Status: NRA and CRPA are monitoring county agendas for any updates.
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Healdsburg FFL Zoning Ordinance
Description: In March 2018, the Healdsburg Planning Commission held a public discussion regarding a comprehensive FFL zoning ordinance for the city.
LOP Response: NRA and CRPA alerted members to the proposed zoning ordinance
Current Status: NRA and CRPA are monitoring City Council agendas for any updates.
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LA City’s Ban on Sales of “Ultracompact” Handguns
Description: For years, the Los Angeles Municipal Code prohibited the sale or transfer of “ultracompact firearms,” even if those firearms were listed on DOJ’s “Roster of Handguns Certified for Sale” in California.
LOP Response: On September 20, 2016, NRA and CRPA attorneys submitted a pre-litigation demand letter highlighting how the ordinance was preempted by state law.
Current Status: As a result of NRA and CRPA’s pre-litigation demand, the LA City Council voted to repeal the ordinance. As of October 15, 2017, the ordinance has been officially repealed.
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San Carlos Moratorium on Firearm Retailers
Description: The City of San Carlos recently proposed and adopted a moratorium on firearm retail businesses as a result of several anti-gun residents complaining of a newly proposed Turner’s Outdoorsman which was set to open in mid-November. The City continues to hold local meetings regarding the next steps in the zoning process.
LOP Response: NRA and CRPA alerted members to attend the City Council meeting, and submitted a letter of opposition to the proposed moratorium. But the City Council ultimately approved the temporary moratorium on a 4/5ths vote.
Current Status: NRA and CRPA are monitoring City Council agendas for any updates.
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Moraga Locked Storage and FFL Zoning Ordinance
Description: The Town Council has listed implementation of a “safe firearm storage” and “home based firearm dealer” ordinance as a proposed goal for 2017.
LOP Response: On November 8, 2017, the Town Council proposed a mandatory locked-storage ordinance. NRA and CRPA alerted members to the proposal, and submitted a letter of opposition. In response, Moraga pulled the proposed ordinance from consideration so it could make necessary revisions.
Current Status: Although the Town Council ultimately adopted the mandatory locked-storage ordinance on March 14, many of the controversial and illegal provisions were removed following NRA and CRPA’s opposition.
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El Cerrito CCW Fees
Description: Under the City’s “Master Fee Schedule,” residents applying for a CCW must pay a local processing fee of $961, well in excess of the $100 statutory maximum for such fees.
LOP Response: Submitted pre-litigation demand letter seeking repeal of the City’s excessive application fee.
Current Status: In November, attorneys for El Cerrito agreed with the NRA and CRPA that the current fee violates the statutory $100 cap. On the April 17, 2018 meeting agenda the fee was adjusted to $100.
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San Jose Anti-Gun Ordinance Package
Description: In September 2016, Councilmembers Ash Kalra and Raul Peralez introduced an anti-gun package for discussion and referral to the City Council.
LOP Response: On October 17, 2017, the City Council discussed a proposed mandatory locked-storage ordinance. NRA and CRPA alerted members to the proposal, and submitted a letter of opposition.
Current Status: The City Council ultimately voted 6-5 in favor of adoption, but not before serious questions were raised about the precise language of the ordinance as highlighted by NRA and CRPA’s opposition letter.
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Orange County CCW Applications
Description: Many Orange County residents to this day are still confused as to the specific requirements for obtaining a CCW in Orange County.
LOP Response: Prepared a comprehensive guide discussing the entire application process for obtaining a CCW in Orange County, including what is required to satisfy the Sheriff’s “good cause” policy.
Current Status: NRA and CRPA are working hard to bring "shall-issue" to California. In the meantime, CRPA will continue to provide gun owners with helpful guides on how they can apply for a CCW in their respective county of residence.
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Cupertino Anti-Gun Ordinance Package
Description: On January 12, the Cupertino Public Safety Commission held an open discussion on several proposed anti-gun measures.
LOP Response: Alerted members to attend the Public Safety Commission meeting. Submitted opposition letter informing the Commission of the proposal's serious legal problems not adequately discussed in staff reports.
Current Status: The Commission ultimately failed to reach a consensus, but the proposal could still come before the City Council at any time.
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Buenaventura FFL Zoning Ordinance
Description: On March 20, the City Council held an open discussion on a proposed ordinance requiring FFLs to install vehicle impact security devices in the form of “bollards” at all entrances to the store.
LOP Response: Alerted members to attend meeting and voice opposition. Submitted a letter of opposition informing the City of the ordinance’s serious legal problems.
Current Status: The City Council discussed NRA and CRPA’s opposition prior to making its decision, but ultimately voted 6-1 in favor of the ordinance.
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Statewide Public Record Requests
Description: NRA and CRPA regularly seek and obtain public records in connection with any anti-gun efforts in California. Such efforts include proposed anti-gun ordinances, gun buyback programs, and other anti-gun regulatory enforcement issues.
LOP Response: Responses to these requests often yield valuable results, such as which members of a local government entity are working with anti-gun groups, sources of funding, and other important information.
Current Status: Ongoing.
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City of Morgan Hill
Description: City of Morgan Hill- recommend to draft ordinances on duty to report theft or lost firearms, safe storage ordinance while in home, prohibit possession of LCM, require permit to conduct retail sales
LOP Response: NRA and CRPA Attorneys sent letter in advance of actual ordinance language being introduced to inform city of the problems with the proposal.
Status: Next meeting will be in June. Continuing to monitor.
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City of Milpitas
Description: Holding a safety summit for the community on June 2nd as a spin off from the one held by Santa Clara County.
LOP Response: Monitoring.
Status: Next meeting is June 19th.
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City of Arcata
Description: Proposed Mandatory Lock Storage Ordinance fashioned after San Francisco.
LOP Response: Draft letter sent first week of June prior to next meeting.
Status: Next meeting in July. Continuing to monitor.
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Del Mar Gun Show
Description: The Fair Board of The Del Mar Fairgrounds is considering banning gun shows or heavily restricting the activity there.
LOP Response: NRA and CRPA alerted members for the last meeting and many of our member were in full force. CRPA attorneys have drafted letters to the Board to inform them of the strict requirements for all gun shows in California.
Status: Continuing to monitor.
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Orange County Costa Mesa Gun Show
Description: County Board of Supervisors is considering whether they will continue to allow gun shows at the fairgrounds.
LOP Response: NRA and CRPA alerted members regarding the meeting. We had many members show up at the last meeting to show support for the gun show. Currently, the Board of Supervisors is refusing to approve more gun shows past August 2018.
Status: Continuing to monitor.
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City of Saratoga
Description: Possible mandatory lock storage ordinance. Holding a community meeting on May 29th to prepare for next meeting on June 20th.
LOP Response: NRA and CRPA submitted a letter to the City Council regarding the constitutional concerns with the proposed ordinance.
Status: Next meeting June 20th.
Firearms Regulatory Matters Report
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CA DOJ's "Bullet-Button Assault Weapon" Regulations July 2017
Description: After several failed attempts, DOJ resubmitted “assault weapon” registration regulations without any substantive changes. OAL ultimately approved those regulations, which are now enforceable.
Regulatory Counsel Status: NRA and CRPA alerted members to the proposed regulations, but before NRA and CRPA attorneys could respond, California’s Office of Administrative Law approved the regulations. Prior NRA and CRPA comment letters can be viewed here, here, and here.
Current Status: NRA and CRPA attorneys filed the Villanueva lawsuit, which challenges the regulations as a violation of California’s Administrative Procedures Act. That lawsuit is ongoing.
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CA DOJ's Proposed Expansion of "Assault Weapon" Definitions
Description: In November 2017, DOJ submitted proposed regulations expanding the “assault weapon” registration definitions to apply in all circumstances, including enforcement of CA law.
Regulatory Counsel Response: NRA and CRPA attorneys alerted members to the proposed regulation, and submitted a comprehensive opposition letter. A representative for NRA and CRPA also attended the public hearing to voice opposition.
Current Status: DOJ has submitted the proposed regulations to the Office of Administrative Law, who has until July 10, 2018, to issue a decision.
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CA DOJ's Proposed "Ammunition Vendor Licensing" Regulations
Description: In July, CA DOJ submitted its anticipated regulations for the issuance of ammunition vendor licenses.
Regulatory Counsel Response: Alerted members to the proposal and provided members with information on how to submit comments on the proposal. NRA and CRPA also submitted a letter of comment.
Current Status: Continuing to monitor the proposal and provide analysis as DOJ fails to enact necessary regulations. Additional regulations regarding the background check requirements have yet to be introduced.
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CA DOJ's Proposed Firearm Safety Device and Handgun Testing Regulations
Description: In January 2018, DOJ proposed a number of regulations regarding the certification of laboratories for handgun and safety device testing, and additional regulations regarding minimum standards for gun safes.
Regulatory Counsel Response: Submitted a letter of comment during the public hearing in early March 2018.
Current Status: DOJ must issue a Final Statement of Reasons responding to NRA and CRPA’s comments, as well as comments from members of the public, before submitting the proposed regulations to OAL for approval.
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CA DOJ's Proposed "Ghost Gun" Regulations
Description: In January 2018, DOJ officially proposed its anticipated regulations regarding the serialization of home-built firearms pursuant to AB 857.
Regulatory Counsel Response: Alerted members to the proposal and submitted a letter of comment during the public hearing in late March 2018.
Current Status: DOJ must issue a Final Statement of Reasons responding to NRA and CRPA’s comments, as well as comments from members of the public, before submitting the proposed regulations to OAL for approval.
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CA DOJ Proposed Certificate of Eligibility (COE) Regulations
Description: In March 2018, DOJ proposed a comprehensive set of regulatory changes to the initial and renewal application process for COE, which are now required for all employees of California licensed firearm dealers.
Regulatory Counsel Response: Alerted members to the proposal and submitted a letter of comment during the public hearing in late March 2018.
Current Status: DOJ must issue a Final Statement of Reasons responding to NRA and CRPA’s comments, as well as comments from members of the public, before submitting the proposed regulations to OAL for approval.
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CA DOJ Proposed Dealer Record of Sale (DROS) Entry System Regulations
Description: In March 2018, DOJ proposed regulatory changes to the process for transferring a firearm through DOJ’s DROS Entry System.
Regulatory Counsel Response: Submitted a letter of comment during the public hearing in May 2018.
Current Status: DOJ must issue a Final Statement of Reasons responding to NRA and CRPA’s comments, as well as comments from members of the public, before submitting the proposed regulations to OAL for approval.
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Use of Non-REAL IDs for Firearm Purchases
Description: In January 2018, the California DMV began issuing REAL IDs. But because non-REAL IDs have “FEDERAL LIMITS APPLY” language, ATF and DOJ determined they could not be used to purchase a firearm.
Regulatory Counsel Response: NRA and CRPA attorneys initially alerted members to the issue, and have since worked with ATF, DMV, and CA DOJ on a solution.
Current Status: In March 2018, ATF officially revised its policy to allow California residents with non-REAL IDs to purchase firearms.
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Public Record Requests
Description: NRA and CRPA regularly seek and obtain public records from CA DOJ and local law enforcement relating to internal agency policies and interpretations of CA firearm laws.
Regulatory Counsel Response: Recently, responses to these requests provided key financial analysis reports from CA DOJ and other state agencies regarding proposed firearm legislation. These reports were subsequently used in drafting legislative opposition letters and veto requests to the governor.
Current Status: Ongoing.
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New California Gun Laws
Description: Given California's continually evolving and complex firearm laws, many gun owners, manufacturers, and dealers are often left wondering how best to avoid being prosecuted for otherwise unintentional violations that can result in serious consequences.
Regulatory Counsel Response: NRA and CRPA regularly work to provide Californians with up-to-date information on California laws, regulations, and policies regarding firearms to help gun owners avoid prosecution and retain their right to keep and bear arms.
Current Status: Ongoing. In connection with these efforts, NRA and CRPA produced several webinars on a variety of topics, including the loaning of firearms, the new “assault weapon” laws, the new ammunition sales laws, and the recently proposed “assault weapon” regulations.
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Assistance for California Members
Description: NRA and CPRA continually assist members with questions concerning California firearm laws.
Regulatory Counsel Response: NRA and CRPA have a variety of resources available to members, including the ability to refer individuals to attorneys specializing in firearm laws.
Current Status: In connection with these efforts, NRA and CRPA attorneys continue to provide analysis of parts and configurations of firearms, and provide lectures and general advice to members of the public and law enforcement regarding changes in California gun laws.
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Implementation of Prop 63
Description: Beginning January 1, 2018, courts will require those convicted of firearm prohibiting offenses to turn in/transfer firearms pursuant to Prop 63.
Regulatory Counsel Response: To better inform the courts and members of the public regarding this process, and in an effort to avoid confusion and inadvertent violations, NRA and CRPA prepared and submitted a letter of comment to the Judicial Council of California.
Current Status: NRA and CRPA are continuing to monitor the implementation of Prop 63 in the courts and the problems associated with its requirements.
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DOJ Website Errors
Description: In January 2018, new laws regarding firearm warning labels that reference DOJ’s website took effect. DOJ’s website, however, is woefully out-of-date.
Regulatory Counsel Response: In January, NRA and CRPA attorneys submitted a letter to the Attorney General highlighting the many inaccurate legal statements on DOJ’s website and the need for correction.
Current Status: Ongoing.
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Assistance to Gun Clubs and Youth Groups
Description: California law substantially regulates and restricts the acquisition, transfer, and loan of firearms. Firearm clubs and youth groups are particularly affected by these restrictions
Regulatory Counsel Response: NRA and CRPA are currently assisting these groups navigate CA’s requirements and advising how best to avoid unintentional violations of CA law.
Current Status: Ongoing.
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California’s Firearm Violence Research Center
Description: California granted $5 million to create the “California Firearm Violence Research Center.” The individual chosen to head this center is a known anti-Second Amendment advocate.
Regulatory Counsel Response: NRA and CRPA are continuing to monitor the center’s activities to ensure taxpayer money is not wasted on biased and unsubstantiated research.
Current Status: Ongoing.
Hunting Regulatory Matters
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Coalition Building & Uniting Hunting Groups to Promote and Protect Hunting Rights
Agency: N/A
Recent Action: Prepared two full days of presentations developed by NRA and CRPA to California hunting groups laying out a plan for addressing attacks on hunting rights in California.
Status: The groups unanimously agreed to form a coalition and develop a coordinated system to effectively and efficiently oppose and roll back anti-hunting regulations.
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Potential Legal Challenges to Regulations Restricting Hunting Right
Agency: Fish & Game Commission, Municipalities, Regulatory Bodies
Recent Action: Prepare memoranda on viability of lawsuits challenging regulations; maintain ongoing list of potential legal challenges.
Status: Ongoing efforts to closely monitor current and potential legal challenges to timely and effectively intervene or file litigation as appropriate.
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Monitoring anti-hunting forces
Agency: Fish & Game Commission, Municipalities, Regulatory Bodies
Recent Action: Ongoing monitoring of lawsuits and activities of potential interest to hunting related matters in California. Regularly submit public records act requests for documents concerning efforts of anti-hunting groups. Analyze Fish & Game Commission meeting agendas and prepare lobbyists for addressing matters of interest at FGC & WRC meetings.
Status: Ongoing efforts to closely monitor various hunting related issues to allow for timely and effective intervention as necessary.
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Increasing Support for Hunting Rights Throughout California
Agency: N/A
Recent Action: Developed and distributed computer presentations for distribution by coalition of hunting groups that outline the attacks hunters are facing. Presented to Council to Advance Hunting and Shooting Sports regarding issues in California to garner support.
Status: Ongoing efforts to grow hunting rights coalitions and spread awareness.
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Membership Alerts
Agency: N/A
Recent Action: Prepare alerts regarding new hunting rules and regulations and advise of NRA and CRPA efforts to promote and defend hunting rights in California.
Status: Ongoing.
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Anti-hunting Regulations
Agency: Fish & Game Commission
Recent Action: Submitted petitions to allow archery hunters to carry side arms for self-defense.
Status: The Commission has granted the petition and will be working to repeal the existing regulation prohibiting archery hunters from carrying.
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Opposing HSUS Predator Policies
Agency: Fish & Game Commission, Municipalities
Recent Action: Ongoing efforts to prepare representatives for attendance at Wildlife Resource Committee hearings on predators. Presented at coyote management symposium regarding negative impacts of HSUS on predator management policies. Drafted manuscript explaining HSUS lies for publication in predator management circles. Grassroots organization to mobilize and direct local residents of cities with HSUS coyote policies.
Status: Ongoing efforts to challenge HSUS regarding non-lethal coyote policies in cities where pets and family members are being attacked. Working to broaden coalition of individuals opposed to HSUS policies in light of dangers to typical family households while informing industry members of predator management about opportunities to oppose.
Range Matters Report
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Stormwater runoff
Recent Action: Regional Water Quality Control Board (RWQCB) has been inspecting shooting ranges and requiring sampling for potential lead contamination in storm-water runoff, utilizing drinking water standards. This has the potential to set inappropriate precedent for regulating ranges for storm-water runoff.
Status: Ongoing efforts to assist ranges and engage the RWQCB to contest the validity of RWQCB’s actions.
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Non-conforming “Use Status” and “Use Intensification”
Recent Action: Counties are attempting to break shooting ranges’ grandfathering as a non-conforming use under County Ordinance. Once the grandfathered status of a range is broken through a use intensification argument or a subsequent County Ordinance requiring a Conditional Use Permit under the guise of health and safety concerns, compliance with current County Ordinance is effectively impossible and range closure is certain.
Status: Ongoing efforts to assist ranges in defending their grandfathered status is crucial in keeping these ranges open and operating.
Previous Legal Updates
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April 2018
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January 2018
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December 2017
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October 2017
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August 2017
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June 2017
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April 2017
Monday, December 9, 2024
On December 5, at a late afternoon press conference in Ottawa, Canada’s federal Public Safety Minister Dominic LeBlanc announced that 324 additional makes and variants of rifles would be added to the 2020 list of ...
Monday, December 9, 2024
NRA-ILA routinely points out that it is more informative to watch anti-gun politicians and officials’ behavior than to listen to the platitudes they spew about enacting gun control to protect the public.
Monday, December 9, 2024
The plague of businesses and even individuals being exiled from the modern economy by politically motivated regulators is back in the news, thanks largely to a recent segment on the Joe Rogan Experience podcast in ...
Monday, December 9, 2024
Philadelphia and Pittsburgh have been trying, and failing, to circumvent Pennsylvania’s firearm preemption law, first enacted in 1974, for decades.
Tuesday, December 3, 2024
Today, NRA filed an amicus brief in the U.S. Supreme Court in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos.
