CRPA Pre-Litigation Demand Regarding Unlawful DOJ Regulations
CRPA, FFL Guard and Firearm Retailers Send Pre-Litigation Demand Letter to Attorney General Demanding Fix to Illegal Gun Sales and Transfer Delays
April 14, 2020- The California Rifle & Pistol Association joined with FFL Guard and other retailers last week in a letter to the Department of Justice regarding recent unlawful actions by the DOJ preventing citizens from taking possession of lawfully purchased firearms and ammunition. Due to understaffing and increased demands of COVID-19, DOJ has been unable to process the influx of gun sale applications of Californians who wish to lawfully purchase a firearms within the ten-day time period set by law. As a result, many buyers who went through the process to purchase a firearm over the past several weeks have been unable to take possession of those firearms because of the slow processing time by DOJ.
This is unacceptable and CRPA is working to get it fixed.
CRPA President Chuck Michel noted that “the DOJ Bureau of Firearms’ system is ignoring state law mandates regarding firearm and ammunition release procedure, the DOJ has no authority to delay all transactions.” In fact, the DOJ may delay the release of a firearm only “if the records of the department, or the records available to the department in the National Instant Criminal Background Check System, indicate” that the purchaser is likely prohibited. However, that is not why these transfers are being delayed by DOJ.
There is a big difference in the “waiting period” duties of the firearm dealer and the “delay in processing” by the DOJ. In this instance, it is the latter.
The DOJ does not have 30 days to process the applications for firearms and ammunition as it claims in notices on its website. The misinformation being promulgated by the DOJ has a direct impact on retailers, CRPA, and all of our thousands of members who are unable to lawfully pick up their firearms during this time. CRPA’s legislative and regulatory advocacy teams are working with legislators to get the DOJ to comply with the law and fix this mess.
To read the full pre-litigation letter, please click here.
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