DOJ Proposed Regs for Large Capacity Magazines

Analysis of DOJ Proposed Regulations Regarding

Magazines Capable of Holding More Than 10 Rounds

 

The California Department of Justice (“DOJ”) has proposed a series of “emergency” regulations relating to magazines capable of holding more than 10 rounds. The proposed regulations were submitted under California’s emergency rulemaking process.

As part of the emergency rulemaking process, there is a 5-day public comment period during the first five days the OAL reviews the documents. During this time, any member of the public may submit their opinions and comments on the proposed regulations, regardless of what state you may live in. But, any comments you wish to make must be submitted no later than 5pm on December 28. DOJ states the regulations will take effect January 2, 2017.

To assist our members and law-abiding gun owners in submitting public comments, we have prepared the following overview of the emergency rulemaking process, as well as an in depth analysis detailing all of the proposed regulatory changes and their effects on California gun owners.

I. The “Emergency” Rulemaking Process

DOJ’s proposed regulations affect Title 11, Division 5, Chapter 39 of the California Code of Regulations. Specifically, the proposal amends Article 4 of Chapter 39 to include new rules related to “Large-Capacity Magazine Permits,” and adds a new Article regarding “Large-Capacity Magazines and Large-Capacity Magazine Conversion Kits.”

Administering the emergency rulemaking process is California’s Office of Administrative Law (“OAL”). When emergency regulations are proposed, OAL assigns a file number and posts the proposal on their website, indicating that the regulations are now under review and that the 5-day public comment period has begun. As of early morning on December 23, DOJ’s proposed regulations are now posted on OAL’s website.

During the first 5 days of this review, members of the public may submit any comments they wish to make on the proposed regulations. To submit comments, you must email your comments to the OAL Reference Attorney at [email protected] and cc Jacqueline Dosch at [email protected]. We also request that you cc the CRPA at [email protected] to allow our offices to keep track of public comments.

Let’s make one thing clear. This is NOT an emergency. The laws concerning so-called “large-capacity magazines” have been on California’s books since 2000. DOJ had 17 years to modify or come up with regulations relating to “permanently altering” magazines. During that time, DOJ failed to provide the necessary guidance and clarification for to California firearm owners, dealers, and manufacturers. But now, DOJ is attempting to claim that the “emergency” regulations are necessary and must be enacted during the holiday season. As a result, the emergency comment period extends from today through Christmas eve, Christmas, Boxing Day (one of the busiest shopping days of the year for firearm dealers) and through December 28.

One thing is clear–California gun owners cannot stand on the sidelines during the rulemaking process. We need to make our voices heard. There is no reason DOJ’s proposal should be reviewed under the emergency regulation process. ALL California firearm owners, dealers, and manufacturers should be given adequate time to review, comment on, and suggest revisions. What’s more, the only substantive change from this year’s bills and Prop 63 is the restriction on the possession of “large-capacity magazines,” which isn’t even effective until July 1, 2017, six months from now. This is more than enough time for the proposal to undergo the typical rulemaking process. Instead DOJ is manufacturing an “emergency.” If there truly is an “emergency” as DOJ suggests, it is solely a result of DOJ’s lack of action on the matter for nearly 17 years.

II. Proposed Amendments to Article 4 Regarding “Large-Capacity Magazine Permits”

Substantively, the proposed amendments to Article 4 do not delete or amend any of the existing regulations regarding “Large-Capacity Magazine Permits.” Instead, the proposal adds several new requirements for obtaining and maintaining these permits, which are necessary to engage in the sale or transfer of such magazines in California and are issued almost exclusively to California licensed firearm dealers.

Under DOJ’s proposal, the following changes will be made to the requirements for “Large-Capacity Magazine Permits:”

  • All permit holders with more than one business location will now be required to obtain a permit for each location. Previously, only one permit was needed for an FFL business with multiple storefront locations.
  • If the business location for a particular permit ever moves to a new location, the permit will automatically transfer with the business to the new location so long DOJ is notified prior to the move.
  • All permit holders must now keep records of all “large-capacity” magazine sales on a newly proposed form (BOF 1002 (Rev. 12/2016)), which includes information such as the capacity, caliber, and number of magazines sold, as well as the purchaser’s name and agency. Records of sales using BOF 1002 will also be evidence for ongoing “good cause” for the renewal of a permit.
    • In addition to the required information on BOF 1002, the permit holder must obtain a photocopy of the front and back of the purchaser’s law enforcement credentials (or in the case of a federal law enforcement officer, a copy of their business card after their status as a federal law enforcement officer is confirmed by reviewing their credential).
  • All of the required documentation must be completed no later than 24 hours after each sale, and all records of the sale must be stored in a file separate from DROS records for an indeterminate amount of time.

 

In addition to the above requirements, the proposal adds several new provisions relating to permit revocations. DOJ will now have the authority to revoke a permit should a permit holder become prohibited from owning or possessing firearms, as well as for violating any of the above requirements.

Although applying for a permit is free, the newly required paperwork and record keeping requirements will add significant time and monetary expenses for dealers to engage in the business of selling and transferring magazines capable of holding more than 10 rounds, which are almost exclusively sold to California’s law enforcement professionals. Coupled with the fact that DOJ is apparently requiring dealers to maintain records for an undetermined amount of time, these proposed regulations serve only to increase the costs for engaging in lawful business practices

III. Proposed Addition of Article 5 Regarding “Large-Capacity Magazines and Large-Capacity Magazine Conversion Kits”

Much of DOJ’s proposal focuses on adding a new Article 5 regarding “large-capacity” magazines. The proposed article includes information for “permanently altering” “large-capacity magazines” to accept no more than 10 rounds, clarifications for multi-tube shotgun designs, and “large-capacity” magazine conversion kits.

         A. DOJ Approved Methods for “Permanently Altering” Magazines

Central to DOJ’s entire proposal are the approved methods for “permanently altering” “large-capacity magazines” to accept no more than 10 rounds. As stated in the proposal “

rior to July 1, 2017, large-capacity magazine permit holders may accept large-capacity magazines . . . from California residents for the purposes of permanently altering the magazine’s feeding device so that it reduces the capacity to 10 rounds or less.” Essentially, this restriction will prevent permit holders from modifying magazines after July 1, 2017, when the ban is set to take effect.

The proposal also includes specific provisions for how individuals can “permanently alter” their magazines depending on the type of magazine in question. For standard “box type” magazines, the regulations require individuals to:

  • Insert a “block” into the magazine and affix the magazine floorplate to the body of the magazine (using either epoxy for plastic magazines or welding for metal magazines); and,
  • Riveting the block to either the floor plate or side wall of the magazine body.

 

Keen observers have pointed out, however, that it is not entirely clear if both or just one of the above steps are required to satisfy the proposed regulations. As drafted, the proposed language appears to suggest that both are required, but an argument can be made that the lack of clear and precise language is already leaving many law-abiding gun owners confused as to what is required.

The chosen language becomes even more obscure with regards to drum magazines. The proposal notes that there are generally two styles of drum magazines: “those that are fed from the neck of the magazine (neck fed drum magazines), and those that open from the side and are loaded once a lid or cover is opened up (clam shell drum magazines).”

“Neck Fed” Drum Magazine (Left), “Clam Shell” Drum Magazine (Right)

 

In order for a “neck fed” drum magazine to be permanently altered pursuant to the proposed regulations, individuals must insert enough “dummy rounds” to limit the capacity to 10 rounds and then epoxy those rounds into place. Once the dummy rounds are epoxied into place, the lid must also be epoxied closed, but an additional rivet is not required. Notably, performing any of these steps is likely to result in permanent damage to the magazine.

For “clam shell” drum magazines, the regulations state that “[t]his magazine type is not a good candidate for reduction to 10 rounds or less and shall be disposed by other means if not permanently altered as described in this section.”

Lastly, the proposed regulations include requirements for permanently altering tubular magazines, such as those found in shotguns (although DOJ notes that certain ammunition feeding tubes, lever action and .22 caliber tubular magazines are exempt from the “large-capacity magazine” restrictions). To permanently alter a tubular magazine, individuals must insert a block into the tube, epoxy the block into place, and then rivet the block by penetrating the tubular magazine and the magazine block.

       B. Multi-Tube Shotguns

DOJ is also attempting to address recent innovative shotgun designs incorporating more than one magazine tube. The proposed regulations clarify that the capacity of a shotgun will be measured using typical 2 ¾ inch shotgun shells unless otherwise specifically marked by the manufacturer.

Under the proposed regulations, multiple 10-round magazines, whether they be tubular magazines or otherwise, are not considered to be a “large-capacity” magazine if they are simply attached to one another by a plastic or metal coupler, or if welded together. But if a firearm is equipped with more than one magazine that can hold (collectively) more than 10 rounds, which can be fired without the use of a magazine tube selector switch, or if all of the rounds from both magazines can be fired without manually switching between the tubes, the firearm will be considered to have a “large-capacity” magazine and therefore be prohibited for sale in California to most Californians.

To illustrate, DOJ has specifically referenced the DP-12 and UTS-15, stating that both shotguns are considered to be equipped with a “large-capacity” magazine under the proposed regulations. However, the regulations state that if either of these shotguns were appropriately modified, they could potentially satisfy the requirement. For example, while not specifically discussed by DOJ, the UTS-7+7 (a modified UTS-15 utilizing a manual selector switch) would appear to be legal in California under the proposed regulations. Likewise, for firearms that change between tubes without manually manipulating the firearm or tubes, the tubes can be permanently altered (as we mention above) to hold a combined 10 rounds. What’s more, DOJ has also specifically referenced the KSG and SRM-1216, stating that either of these shotguns do not violate the proposed regulations (because you must manually switch between ammunition feeding tubes) and are therefore presumably lawful to sell and possess in California.

       C. Magazine Conversion Kits

The final section of the proposed regulations concerns “large-capacity” magazine conversion kits. Since 2013, California has prohibited the manufacture, importation, sale, or transfer of any device or combination of parts of a fully functioning “large-capacity” magazine. The proposed regulations will clarify that a “magazine extension,” defined as “a device capable of increasing the magazine capacity of a magazine,” will also be considered to be a conversion kit and therefore prohibited in California. The proposal also states that a disassembled magazine will also be considered to be a conversion kit, even if marketed as a “repair kit.” But a simple grip extension, which solely increases the grip space on a magazine, is not considered to be a conversion kit.

IV. Submitting Public Comments

We encourage all of our members who are able to submit their comments on DOJ’s proposal. Remember that you will need to submit your comments to ALL of the following recipients:

Jacqueline Dosch

[email protected]

Melan Noble

[email protected]

OAL Reference Attorney

[email protected]

 

And as we asked above, please cc [email protected] when submitting your comments.

 

If you have any questions on the emergency rulemaking process, OAL has posted an in depth overview which can be viewed here. OAL has also published a guide for members of the public who wish to participate in the rulemaking process which is available here.

 

If you are looking for a suggestion of what to write, we suggest the following:

 

To whom it may concern,

I am writing in opposition of the proposed emergency regulations by the California Department of Justice concerning “large-capacity magazines.” The laws regulating these devices have been on the books for almost 17 years and the new laws will not be enforceable until July 1, 2017. We, the California public, need ample time to review, comment on, and propose modifications to the proposed regulations. The emergency comment period over the Christmas holiday does not afford most Californians affected by these laws an opportunity to do that. We ask OAL to reject DOJ’s submission and insist that DOJ follow the standard regulation process.

Thank you for your time and consideration.

84 responses to “DOJ Proposed Regs for Large Capacity Magazines

  1. While all of this confusing and in reality an infringement of our 2nd Amendment rights, just how does the DOJ expect us to be able to clean the permanently altered magazines? If epoxied and riveted, I see no effective war to clean a magazine once it’s been dropped in mud or silt.

  2. Leave our gun rights alone, Your Knee jerk reaction to resent events is ill informed and bad law and forcing them thought goes to show you do not care to make an informed decision.
    No where else in your great nation are such irrational laws are be passed. Take your heads out of your backsides.

  3. Every time the public submits comments detailing the poor crafting of the anti-firearms efforts of the government, the following happens:
    a. The comments are used to more tightly wright future regulations.
    b. The publics rights are infringed more efficiently.
    Its a waste of time to attempt to enter into a dialogue with these twisted people.

    1. It is NEVER a waste of time when it come to defending our 2nd Amendment rights even if we are dealing with “twisted people”. I understand your frustration with this issue but any time the government attempts to remove any of our freedoms as outlined in the Bill of Rights, it is worth fighting.

      1. Let’s face it, firearms owners in this state are a “minority”,
        and not the good kind. Did the folks that shot up San Bernardino show up with 10 round magazines and bullet buttons? Do you actually have a right to defend yourself? If so, shouldn’t you be allowed to show up to “The Party” with the same accessories that the bad guys would be expected to bring?

    2. In the time it took you to complain, you could have already emailed those three addresses and shared it with all your friends.

      Yes we’re fighting a losing battle, they’ll shove their unConstitutional agenda through any which way they can, but let’s not accept our servitude just yet.

  4. CRIMINALS DO NOT OBTAIN ANY GUNS, AMMO, OR MAGAZINES THROUGH REGULATIONS MONITORED BY D.O.J.
    NEW LAWS DO NOT PROTECT THE PUBLIC, ENFORCEMENT WOULD .

    SPEND YOUR EFFORTS IN ASSISTING LOCAL POLICE DEPARTMENTS

  5. Agreed. Our Slave Masters in Sacramento said they are at war with Trump so they will be going after people that they assume voted for him. Do you really think Jacqueline Dosch will take your opinion to heart? Do you really believe that any of us “participate in the rule-making process?” We are a One Party state, and that party declared WAR on all of us.
    Re-think your strategy gentlemen.

  6. If the California DOJ, state legislature and voting public really cared about stemming the incidence of gun crime more than they do about restricting the 2nd amendment right of law abiding citizens to keep and bear arms they would have by now significantly increased the penalty for use of so-called “large capacity” magazines in the commission of those crimes. Significant punitive disincentives directed at the perpetrators and vigilance are the real solutions. Restricting the rights of law abiding citizenry without just cause is itself a crime.

  7. It is not a waste of time. All comments from the public are reviewed during the discovery process when the issue goes to the court of appeals and to the supreme court. It is all important and the comment you made may be the one which turns the court to your side.
    Everyone must do their part to make a large noise telling the government that we won’t stand by and be run over. We have the power to replace them, It is in the constitution and the second amendment is the ammunition.

  8. I wish everyone take time time to reread the Declaration of Independence, most of us read it in elementary school, this time reflect on our government imposing some of same laws, denying the freedoms and rights of it citizens. Most of these laws are passed with the propaganda that they’re for our safety. The reality is it just gives the government and the people in power more control of law abiding citizens. These attributes are reasons the constitution was written. Exercise your rights to protect your rights

  9. Once again the people of California are getting the shaft from these goofy politicians who are trying to push through their laws in an inappropriate time and without any input from the people. We must have a minimum of 25 for 90 days for this to get out to the populace everybody has the right to speak and be heard,doing this over a holiday in the dark is totally inappropriate

  10. Again, the DOJ, Attorney General and the Governors office are going to infringe on the People’s Constitutional rights once again, they don’t understand that these new regulations will not curb crime, criminals don’t obey laws….hence the word criminal, all these regulations will do is create more red tape, cost dealers more money in fees, record keeping etc., and to top it off, the legislature will probably exempt themselves from the new regulations!

    1. David, I think part of your statement is wrong. You stated that “they”, being California’s DOJ and politicians “don’t understand that these new regulations will not curb crime”. I honestly believe that they do understand just that but they don’t care because they have an agenda and that is to control us in any way poss. and to take our guns away. Anyone with any common sense can see that these draconian laws will not work to curb crime. – The fact that the DOJ tried to pass this “emergency” bill through during Christmas is an example of the fact that they don’t care about us.

  11. I wonder what the significance of this action will be if the California congress is planning on banning “all” semi-automatic rifles in the People’s Demokratik Republik of Kalifornia?

  12. We all need to stick together and chip in and do our part, Please do not give up, that is exactly what they hope will happen. We can not make it easy for them. We can not let up .
    We can not give up.

  13. What’s the emergency? Why is so important to make a criminal out of each and every law abiding citizen. All of these extremely unconstitutional efforts by the anti-American left democratic party in california must be reversed. Why are we even considering reviewing something that we all know they are going to unlawfully ram down our throats. It is my hope and expectation that all this will be reversed by real Americans that have the authority

  14. Anyone with common sense, and especially any person related to law enforcement, should realize that this law, and most gun laws, have nothing to do with preventing crime. Bad people, criminals and gang bangers are not going to obey any gun law. What these laws will do is turn law abiding American citizens into felons for trying to protect the life and property of their family. California has more gun laws than most countries. It is time to stop this insane political attack on honest, law abiding citizens.

  15. Thanks CRPA for the heads up. Sent my emails too. Obviously, they planed to push this through during the most busy time of the year to escape public notice.

  16. I think it’s time to just take our state back by force if need be, screw these so called law makers that don’t follow their oath to the Constitution of United States of America, which they swore to uphold and defend. The time is NOW! When will it ever end from these commie bastards unless “WE the PEOPLE end it!

    “Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty, or give me death!”

  17. My temptation is to write the DOJ and remind them that I believe the Second Amendment(along with the rest of the Bill of Rights) was written to back up the Declaration of Independence. I believe the Second Amendment was not written about Hunting, nor Self Defense. I believe those two needs were so basic, that they were never in question. I believe the Second Amendment has to do with what is written in the Declaration of Independence. Specifically, in the second paragraph of the Declaration of Independence. In that second paragraph, the Declaration states… “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator
    with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure
    these rights, Governments are instituted among Men, deriving their just powers from the consent of the
    governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the
    People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and
    organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
    It does go on to explain that long established Governments shouldn’t be changed for light and transient(think whiny & quickly thought up excuses) causes. It then states that when abuses and “usurpations” continue with the Government fighting to remove the power and rights that belongs to the people, it is the right… even the “duty” of the people to throw off the Government and “provide new Guards for their future security”.
    But I have resisted so far as I truly believe it might either freak out those in charge or anger them. Thoughts?

  18. When is enough going to be enough? These “laws” mean nothing to the scumbags that do harm. The second amendment has been around longer then the officials trying to change them. Work on mental health issues and not law abiding citizens. With the millions of law abiding citizens if there was a gun problem you would know it. It’s a few criminals that are the problem.

  19. hOW DOES THIS REGULATION DETER CRIMINALS? iT MAKES A CRIMINAL OF ANYONE WHO POSSESSED THESE MAGAZINES LEGALLY! hOW IS THIS NOT INFRINGEMENT OF THE SECOND AMENDMENT? wHEN WILL DOJ ENACT LAWS THAT AFFECT CRIMINALS AND LAW BIDING CITIZENS?

  20. Trying to live within the increasingly strict, and often complex California gun laws is frustrating. I feel like I am slowly being criminalized, just for owning guns I bought many years ago. Some magazines hold fourteen rounds (gasp!). Oh, what to do? If I move to Wyoming, I’d miss my wife of forty-four years.

  21. My 2 cents: Ever since the founding of our republic, citizens have conferred status – and with it, many assumed privileges – upon politicians, judges and their minions, by treating them as if they are above us all. I don’t address anyone as ‘The Honorable’ unless I have some personal experiece with them and I want to commend them for being truly honorable in some instance. Likewise, I am not going to bow down to any of them and ‘thank’ them for taking time out of their oh-so-busy day to actually do the job that our taxes pay them to do. It doesn’t mean you can’t be civil and you don’t have to resort to foul language or threats (other than the ballot box). But a little less making nice-nice and a little more truth. A liar should be called out as a liar. An attempt to cheat the political process, in order to cheat the citizens and trample their rights, deserves a stern scolding, by name if they are so bold as to try to make one for themselves.

  22. The horse has long since left the barn in the hands of the constables. This rulemaking process is akin to making hobbles for the horse, should it ever return. The real problem is the illegal taking of the horse! Objection is required, but each of these “rules” constitute “just another brick in the wall”.

  23. So relieved to know that criminals, psychos, and terrorist will be turning in or modifying the noncompliant items to avoid breaking the law. Congratulations California lawmakers for the genius resolution to the problems existing in our state. Now we all can feel so much safer.

  24. This sort of Government without the consent of “The People” transcends the 2nd Amendment issue. This present action by California’s Department of Justice is proof that currently politicos have a complete disregard for the Constitution of the United States in it’s entirety. “Of the People, by the People for the People” is not preserved for a select few!

  25. Please, please: we should concentrate on violent actions, Not on criminalizing judicially invented ‘contraband’ as in the number of bullets a victim is permitted to defend themselves with.

  26. Responding to the government on any issue where they are eroding your civil rights does only one thing. Insures your name gets on a government list of undesirables. You WILL NOT change their mind. They create gun control laws and regulations to eliminate your ability to resist. They are not interested in hearing you whine about your loss of civil rights. They know what they are doing, and why they are doing it. In the government’s mind, YOU, ARE the problem.

  27. I do not believe restricting the rights of law abiding american citizens will have any effect on people who do not abide by the laws. We already have laws in place. Our elected officials need to make sure they are being adhered to before making new laws. To do so they will be doing what our taxes are paying for. DO YOUR JOB, PROTECT LAW ABIDING AMERICANS!

  28. So if I understand this new regulation, then a criminal who is apprehended for using a gun that has a magazine with more than 10-round capacity may be fined a fee of $250 or so in addition to the murder charge. Whereas, in order to enforce this law upon an otherwise law-abiding citizen, we would need to conduct door-to-door searches of households than may contain the “normal” capacity of rounds, which happens to be more than 10. How much will this search cost and what is the probably cause justification for entering the premises?

  29. Noble cause but the fight in California is over…A machine has been birthed in Sacramento that will never lose. The whole state is infected with a liberal agenda and no fight will defeat that agenda without some type of revolution…Not even Trump.

  30. Until we actually use that “Power to replace them” they can jolly well ignore us. The threat of that “Power” has largely been ignored and that ignoring is sanctioned by the voting.
    Here In IWV we have a much more direct threat with our water and the people have not stood up and exercised that “Power”. We have used “Public Comment” to no avail for several years. Only if we can get a large enough movement to vote them out of office will we actually be heard.

  31. The 9th circuit has held that magazines are “arms” covered by the 2nd Amendment.
    They further held that magazines with capacity > 10 rounds are “in common use” even in California. Those agreed facts mean that the whole notion of bans on magazines and their capacity are unconstitutional. That the 9th circuit – like the CA legislature think nothing of the constitution, does not change the facts.

    These laws are invalid, and will eventually be struck down.
    DOJ and the state should stop wasting tax payers money on this quixotic crusade.

  32. I agree with Ronald that there is no reasoning with the leftists in the California government. A more effective way in dealing with this is for the CRPA/NRA to petition President Trump and the Republication Leadership to pass federal legislation to override ALL the unconstitutional laws that have been passed in California.
    CRPA/NRA are you listening?

    1. I Agree, this an incredibly tyrannical infringement of our 2nd amendment Right. “TO KEEP A WELL REGULATED MILITIA, BEING NECESSARY TO THE SECURITY OF A FREE STATE, THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, SHALL NOT BE INFRINGED”.
      this is necessary for the people to have the means to secure liberty and truly be FREE!

  33. We Republican gun owners, HAVE NO REPRESENTATION in this state.
    Our wishes or will, is convoluted into a being “a bunch of Bible beating Neanderthals clinging to our guns and our bibles…etc. ad. Nauseum.
    They take our submissions and hand them to their legal (read that flake commie lawyers) who have gerrymandered this state into a house of Communists, bent on disarming law abiding citizens – there by, making us as useless as tits on a wart hog…unable to defend home and families against intruders of all stripe. Stick a fork in us were done as of this election with the new Attorney General in California…and his room full of Political tit suckers.

  34. We HAVE to continue fighting the current CA DOJ and the anti-gun politicians. We have no other choice but fight to our last breath. Don’t think about the difficult uphill slope we are climbing. Put your head down and fight.

  35. We are always considered the criminals. Why are these people who are apparently committing Sedition not being prosecuted? (Sedition is any act, writing , speech, etc., directed unlawfully against state authority, the government, or the CONSTITUTION or calculated to bring it into contempt or to incite others to hostility, ill will, or disaffection.)

    The U.S. Constitution, AMENDMENT II: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, SHALL NOT BE INFRINGED.

    I was told that there are approx. 8 million gun owners in just California, But apparently the NRA (for all 50 states) has a difficult task of keeping just 5 million members. “In order for Evil to Triumph, Righteous men simple have to do nothing”.

    Thank you CRPA for doing all you do.

    1. That is because the NRA lost the respect of most firearm owners when they compromised their principles and backed Harry Reid.

  36. Let’s get back to fundamentals. 1) The US Constitution is the Supreme Law of the Land. 2) The Second Amendment is part of the US Constitution. 3) The California Constitutions accepts the US Constitution as being supreme law. 4) Each elected official and most appointed officials and bureaucrats swear an Oath to “…protect and defend…” the Constitution. 5) THEREFORE, those politicians, officials and bureaucrats who are imposing and/or enforcing firearms legislation, rules, and regulations, are breaching their Oaths, and the so-called “laws” they are attempting to enact or enforce are NULL and VOID. The Code is not Law, because it must give way to Constitutional Supreme Law.
    Magazine limitations, “bullet buttons, waiting periods, cosmetic features, and all the rest of the ridiculous, counter-productive gun and ammo control measures promulgated by these tyrant wannabes have no force or effect, so why are we all pretending that they do? Let’s fight this fight at the fundamental level of freedom as guaranteed by our founding documents and quit playing into the hands of these government manipulators.

  37. The California DOJ is without doubt one of the worst bureaucracies this country has had to deal with. With the likes of Kamala Harris at the helm, and now the apparent replacement, this state will decline to the bottom of legal hell. Without attempting to respond to the practice of creating laws that are not complete, signed by a governor who hasn’t read them and doesn’t care, we are reduced to whiners. Write to them, make noise, let them know that we are not pleased. Unfortunately the CRPA didn’t do enough to fight Prop 63. None of the people that I see on a daily basis ever saw any television opposition to the proposition. Stand up and be heard!

  38. CA is a mega-camp of liberal ideology and specifically anti-gun sentiment. I seriously doubt that anything the pro-gun side does will have any influence of what the CA legislature will do, but even in a losing battle the other side must always know that we (the law-abiding gun owners of CA) will never cease defending and exercising out 2nd Amendment rights. What CA is attempting to do with this bogus law is, literally, unconstitutional and a backlash at the success of conservative politics across the country. If you’re taking the time to read this then take the next step and respond to the CA legislature as requested, we only have a few precious days to make our collective voices heard.

  39. What Emergency??? Yes, it is an emergency if you want to get something
    passed or in effect without PUBLIC INPUT such as doing it before the
    Christmas holiday. By calling it an emergency you have the 5 days only
    to receive comments. Is this OPEN Government at its BEST? I don’t
    think so, but it is a way to circumvent the PUBLIC at this time of year
    to get what YOU (Government) wants done! It is SAD that I don’t
    live in a state that wants to be Transparent! Our Governor and
    elected representatives say so, BUT what is done doesn’t show it.
    Even the Proposition that was passed in which a law has to be in
    print 72 hours before voting on it, so it can be read–Our reps
    Democrats have figured out a way around it!

    YOU have had time to work on this instead of doing it in the dead of
    night as our reps do on last minute bills—

    I AM AGAINST these new rulings.

  40. The California DOJ seems to be taking from Nancy Pelosi’s “We have to pass it, to find out what’s in it!” book. How can this emergency be less of a sham than this above example? 17 years of inaction on this issue is the sole reason for this attempt to by-pass the normal process already in motion, knowing that public comment will be minimal due to the holiday season. The California legislature is here again attempting to add another nail to the 2nd Amendment coffin they so strongly support. It seems that this issue will place undue fiscal burden on dealers by requiring more time and effort to record documentation, and maintain said records for an “undetermined length of time”. Burden dealers with enough menial requirements, and they will eventually give up, and get out of the business; ergo – less dealers, less guns. DOJ: follow existing the regulations process.

  41. Think twice about agreeing and voting for this. The times and tides will continue to change, and your career decisions and votes will be remembered. The voters you depend on will continue to be victims of crime in their neighborhoods, despite of your ‘so called crime prevention laws’. You may sleep well at night in your insulated, isolated and well protected homes, but this and all new laws you legislated and passed will not help us. Time will pass, but real life experiences will prevail.
    California will again become a great state, despite you and your ‘regressive’ party.

  42. This ” Its no use attitude” is what give these useless politicians the comfort and freedom to do and get away with what they want. The less politicians hear from us the less they care about us. We as gun owners need to stand up by writing and have peaceful organized protest’s so that we are noticed . Why do you thing the LGBTQ organization has accomplished so much for the gay community? I guaranty you it was not by saying it is no use, but by organized unity and protests and addressing their perspective representatives. As gun owners we are our worst enemy because we complain to each other and do not financially support pro gun organizations that actually fight in court on our behalf. The other bad attitude with gun owners is ” I don’t like that gun so I don’t care about those people. Talk about easy conquer and divide; we need to support all gun owners regardless of the gun the other person likes. We need UNITY AT ALL LEVELS.

  43. I was locked out of all three sights. The communist in the USSR murdered something like 100 million of it’s citizens because of gun control.. The USSR did not even last a 100 years. The demoncratic party wants to control everything we do. Just like in the book 1984.

  44. At times every winner, of whatever issue they fought for, probably felt like it is a ‘waste of time’. Fighting is never a waste of time. The only waste of time is not doing anything. States like California only make these regulations to impose an injustice on those law abiding citizens that wish to own, use, recreate with, and show firearms. I have yet to see a restrictive regulation that the criminal will follow. We must keep this fight up, regardless of how defeated we must feel

  45. It’s very clear that these regulations will only effect the law abiding citizens of the state and will do nothing to effect the lawbreakers of the state. These new regulations are a clear violation of our second amendment rights by a liberal based governing body against the conservatives.

  46. More B.S from DOJ. Why don’t you actually do your job and catch criminals instead of making the rest of us criminals ? Your too lazy, that’s why. If you think you can legislate to the actual law breakers you have lost your minds. This will do nothing but give the criminals the upper hand, because they don’t give a damn about your regs

  47. thank you CRPA for your efforts, though I wish you had stepped up your efforts while arguing against these in committee, not that it would have mattered. We’re getting all this crammed down our throats in California. People voted for these measures because they are not gun owners and could care less about reducing rights, as long as theirs are not those being reduced. Nothing we do will really matter. This can only be settled in the courts, not in the rule writing process, where we are simply outvoted.

    This being said, I am not commenting to the DoJ. I am sure I will just be put on some DOJ blacklist. No good can come of this, only bad. Yes, I know, it’s a sad state of democracy, but it is what it is. Maybe Trump’s Supreme Court in the near future will restore freedoms.

    1. We, who actually believe in the constitution, did NOT elect them into office. The other IDIOTS ( Liberal supporters ) did. Unfortunately WE law abiding citizens have to debate these “law makers” whose attempts at lawmaking are totally the reason the world is in such turmoil. It’s all about them getting their paycheck. They do not care about the people. They have NO CLUE. Read their propositions. They are written to confuse people into believing they are doing the right thing. However, when Newsome and others contradict themselves in the same propositions…well, only NON IDIOTS can see through their stupidity. So please do not call me an idiot. BTW, I am actually from NYC where there are many you can call idiots in that state government now and in the past who still have a hand on what goes on there and elsewhere (eg. Bloomberg) so…..God Bless America.

  48. All the rest of free America is sick of the crap that
    Kalifornia Law makers is spewing.
    I say the People of Kalifornia start the IMPEACHMENT PROCESS on all the TRADERS who vote down your American rights to your SECOND AMENDMENT !

  49. Just how many crimes are committed with firearms with high capacity magazines? The DOJ needs to compare facts and not just jump to conclusions and assume guns with high capacity magazines are worse than any others. Evil people don’t care how many rounds their gun, knife, bomb, or other device holds. How about some laws that deport illegals when they commit felonies or are convicted of multiple DUI’s.

  50. The only “Emergency” is in the mind of the author of the bill. He is concerned that common sense might break out and his 15 seconds of fame for drafting worthless legislation will be tabled. I am saddened to see our state government wasting time on this nonsense. The hypocrisy of these bills are astounding. The California government is pretty much doing what it pleases with no need for justification or even any common sense. I hope that they do realize that even though we are pretty much powerless to curtail their actions, we are paying attention, and we do have long memories.

  51. It seems that the proposed regulations are proposing regulations that detail how non-compliant devices must be modified to satisfy legislative intent. Where is the data that says the proposed methods of modification will work without impacting the reliability of the magazines, or that there are not other ways to satisfy the 10-round limit? The practical effect could have life-or-death consequences and the proposed methods should be reviewed and tested prior to enshrining them in regulation. This would take at least 6 months.

    1. As a retired LEO I have never said I had enough ammo and prayed that I had more rounds than the bad guys. These laws are a sham, the facts don’t support that large magazines or evil gun parts do anything to cause more harm. Studies show that an armed citizenry has a lower crime and murder rate than an unarmed one by 10% or more. Legislative members in this state are just out to make a name for themselves. They have the audacity even make themselves exempt from many laws they pass. Stop criminalizing the good guys and assist law enforcement with upholding the laws we already have. It is already unlawful for a felon to have or own a firearm or ammo. These new laws do nothing but place undue cost on gun sellers and buyers and increase paperwork load on all Californians.

  52. Comments are essential to keep our 2nd Amendment rights intact! We must stand strong and continue to educate the bureaucrats that criminals with illegal guns, those that can not be legally purchased in CA or brought into CA, are the real problem, not law abiding citizenry. If we just write this off, we may as well turn in our legally owned firearms and give up ALL our rights. They NEED to hear from you. We either push back, defend our rights, or it’s over!!!

  53. The following is the comment I’m sending:

    Massachusetts, opposed the Constitution, as it failed to reserve undelegated powers to the states and lacked constitutional protection of basic political rights, such as freedom of speech, religion, and the press. In February 1788, a compromise was reached under which Massachusetts and other states would agree to ratify the document with the assurance that amendments would be immediately proposed.

    This compromise was reached because the men writing the Constitution were “Honorable Men” whose word was their bond. Contrary to most politicians in office today. They were men that had the best interest of the people of this country and the well-being of the country as a whole, not preoccupied with their own personal agenda or that of anyone else that would strongly influencing their actions in an adverse manner to the public well-being.

    On September 25, 1789, the first Congress of the United States adopted 12 amendments to the U.S. Constitution–the “Bill of Rights”–and sent them to the states for ratification. Ten of these amendments were ratified in 1791.

    I submit that that these “Bill of Rights” are not merely a line drawn in the sand but a crevass blasted in granite that makes the Grand Canyon look like a crack in th sidewalk with a trickle of water running through it. And, is not subject to any Governmental interpretation or the rewriting or abolishing thereof. They are to be understood and abided by as plainly written. All of the anti-gun laws that have been passed in California only serve to make it harder for a decent citizen to defend theirself from assault and have absolutely “NO” affect on terrorists, criminals or anyone else that would use weapons of this nature against decent citizens. They only serve to appease certain special interest groups or individuals that would impose their will on the public without opposition. Therefore I respectfully request that these pending laws and all other laws that infringe on the civil and Constitutional rights of the citizens of California and the United States of America within this state be disallowed and made null and void as they do nothing more than harm to the citizens or this country within this state. Thank you for your consideration.

    Respectfully

    Bruce E. Davis

  54. My Second Amendment rights are garanteed federally and you should not put partizan politics for political gain infringe on someone Else’s right’s. I spent over 20 years in the military to protect those right’s that you now propose to take from me illegally I might add if you have owned something for over 40 years then someone else say’s it’s illegal what right do you have to tell me what and how I can have things. That is called theft which is a crime that you are committing upon millions of people who have these items and have done no harm to anyone. What gives you that right morally as well as ethically. If you pass such a stupid law then you should resign in mass do to that you can’t recognize that this is a crime against millions of honest people.

  55. When non-professionals change the design specifications of a manufactured device without regard to the operation of said device then those persons must be held responsible and liable for any damages, injury or death that incurs from normal use of the device.

  56. this is great. Overnight I’ll become a criminal, just by mere possession. If I hadn’t received the NRA email notification, I wouldn’t even know there was a new law for 2017 in CA that bans me from even having any HCMs. No wonder the prisons are full and we spend so much money on building more.
    When are the politicians going to smarten up and realize that this does nothing for our our safety, since criminals don’t legally buy guns, ammo or their HCMs. Just look at Australia and UK since they have banned all guns, how the violent crime rates have gone up and only criminals are using guns now. Remember how the bobbies in London used to not carry guns. Well last time I visited London a year ago, every police office I saw was packing.

    And they have also created a new law that bans the ‘bullet button’ gun, which requires a tool to remove the magazine, which allowed us in CA to legally posses AR-15-type guns. But in this case, it says I don’t need to dispose of the gun, just register it with the justice department! hmmm, wonder what they need that registration for, since they already checked me out and made me wait 10 days to pick it up. I’m feeling like a criminal when I’ve done nothing wrong. Germany’s Nazi government used their registration very effectively to round up all and any resistance ( and that was before computers!).

  57. 1. Passing any law by unusual methods that limits citizen input is proof of bad intentions and an unjust power grab whether it is this “emergency” situation or the “reconciliation” process used for ObamaCare. It is wrong and we citizens should not stand for it.

    2. Few people understand this: The second Amendment was not created to protect squirrel hunters and deter home invasion robberies. It is a permanent demonstration of the fact that in America, the power rests with the civilian population not the government or its leaders. If only 10% of our citizens are armed that is a militia of 30,000,000. Enough to repel any government directed force seeking to subjugate us.

    3. I am ashamed of the ultra liberal state of California that I live in. During the last 30 years I have not had the opportunity to use any of my firearms. And I was forced to give up my Father’s complete collection of all historic Winchesters and Colts because they are not welcome here.

    I hope Trump can bring America’s leadership back into service for the people. If not, then it may be time for another revolution.

    Perhaps America should renew its vows and restart the clock with a new smaller government every 200 years or so.

  58. I believe we all can agree that there is no apparent “emergency” to justify this action. There is also no significant evidence to show the proposed action will make our society safer. We can all agree that criminals who misuse firearms are the problem, not citizens obtaining and possessing these disputed firearms for defensive purposes. There can be no rational argument that these weapons would be effective in defending our life, liberty and property in event of extreme social turmoil. They would also be effective in dissuading those who might wish to trample on our constitutionally defined rights.
    My request to those responding to this column, would be to proof read, or have others proof read your comments. Errors in such matters distract from the intelligent arguments we are presenting.

  59. I firmly believe crazy mixed up politicians want to leave us God fearing good Americans at the mercy of the Islamic terrorists to over take and kill us like they are doing in so many foreign countries! Can’t they see what is going on in our world? We wont/can’t allow that to happen. We all will be sitting ducks. I shutter at the thought of it!! And yes again this is another of Obamas fault with the help of Gov. Brown and some others..

  60. This issue needs to be heard by the US Supreme Court soon. These ad hock gun laws clearly trample the US Constitution. Do you think the citizens of Aleppo would have let them selves get over run if they had a well regulated militia? If even some of them were to have been armed. There are tyrannical goverments and nations out there that would love to eleminate us ” infidels”. Taking away out 2nd amendment rights may not have an immediate effict on out society but I don’t want to limit the rights and the possibility of really needing the 2nd amendment rights in 20, 40 or 100 years from today. Once it is gone it we will never get it back. It is there for good reason.

  61. What needs to be done in California (as well as other states that follow suit) is to VOTE the current governor, Lt. governor, and any in opposition to our RIGHTS, out of office and elect those who have actually read and understand OUR Bill of Rights. God Bless America

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