CRPA News Alert: CA DOJ Continues Efforts to Expand Application of Illegally Adopted “Assault Weapon” Definitions

October 29, 2018

CA DOJ Continues Efforts to Expand Application of
Illegally Adopted “Assault Weapon” Definitions

As reported last July, DOJ withdrew its attempt to expand the application of their illegally adopted definitions for terms used to identify “assault weapons” for the purposes of registration, the same definitions which are currently being challenged in a lawsuit supported by NRA and CRPA. But following a recently published notice, DOJ appears to be pressing forward with the same proposal in spite of its serious flaws.

According to the notice, DOJ has amended its “Initial Statement of Reasons” for their previously withdrawn regulation by purportedly clarifying what DOJ relied upon in drafting the definitions at issue. Should the proposal be adopted, all definitions DOJ adopted for the purposes of registering a newly classified “assault weapon” under SB 880 and AB 1135 will now also be applicable in terms of enforcement of California law. California gun owners and members of the public have until 5:00 P.M. on November 6, 2018 (election day), to submit comments on DOJ’s proposal which DOJ will be required to respond to.

We encourage all our members to do so.

Any regulation must generally be necessary for implementing the law, adopted pursuant to proper legislative authority, be easily understood, and not conflict with other laws. We ask our members to review DOJ’s definitions for themselves (such as “ability to accept a detachable magazine,” “disassembly of the firearm action,” “flash suppressor,” and “semiautomatic”) and provide comments as to whether they are easily understood by our members or will help them identify a particular firearm as an “assault weapon” under California law.

Be sure to submit your comments no later than5:00 P.M. on November 6, 2018, to the following:

Kelan Lowney

Department of Justice

P.O. Box 160487

Sacramento, CA 95816-0487

Email: regulations@doj.ca.gov

NRA and CRPA attorneys are also reviewing the recently amended documents and will be submitting a letter of comment on behalf of NRA and CRPA and their members. To keep informed on the proposed regulation, as well as other important Second Amendment issues affecting California gun owners, be sure to subscribe to NRA and CRPA email alerts. And be sure to visit the NRA-ILA California dedicated webpage at www.StandAndFightCalifornia.com and the CRPA webpage at www.CRPA.org.

CA DOJ Continues Efforts to Expand Application of
Illegally Adopted “Assault Weapon” Definitions

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