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Legal News and Law Updates for California
California DOJ files new ‘assault weapon’ regs, not available to the public
How can anyone be expected to follow the law when the law is hidden from the people?
For anyone in California who owns a firearm that may fall under these new laws and regulations it is extremely important that you pay attention to these developments. DOJ previously tried to push through regulations that vastly overstepped their statutory authority which would have had the effect of changing the law that the legislature created and voted on.
It is unlikely that you will have much time to comply with registration requirements as DOJ continues their assault on the second amendment. If you have questions about whether your firearm may need to be registered or what the regulations mean (when they are actually published) please don’t hesitate to contact us at 916-827-1529 so that we may discuss your situation.
-Brandon R. Leibrock, Esq.
5/16/17 | by Chris Eger
The state Department of Justice submitted draft regulations to the California Office of Administrative Law this week expanding the definition of an “assault weapon” in the state.
The state hasn’t released the proposed regulations to the public, submitting them “file and print only” even though California residents are facing an end of the year registration deadline to abide by the yet-to-be established rules.
This comes three months after the withdrawal of an initial proposed rule formulated during the administration of Attorney General Kamala Harris, now a U.S. senator, to address changes required by legislation passed last year. That rule had been submitted after a proposed emergency regulation on making now-outlawed pre-ban magazines capable of holding more than 10 cartridges compliant, which, in turn, has also been pulled.
The National Rifle Association and California Rifle & Pistol Association had fired off a prelitigation letter to the state, warning of several potential illegalities with the initially proposed regulations and now eagerly wants a look at the new regulations.
According to attorney Chuck Michel, the NRA’s west coast counsel, the new statutes give DOJ the authority to establish the regulation on so-called assault weapons and large capacity magazines, but they can’t do it without first asking for public comment on the proposed regulations.
“They just want to railroad it through the Office of Administrative Law and get them published without any public comment,” Michel told Guns.com on Tuesday in a phone call. He fears since the latest set of regs revise the same code sections as the first, there are still multiple illegalities in DOJ’s latest version.
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