California AG Becerra’s Bump Stock Press Release was “Probably Illegal”

Xavier Becerra
Xavier Becerra

Firearms Policy CoalitionSACRAMENTO, CA-(Ammoland.com)- In response to an October 19th news release from California Attorney General Xavier Becerra, wherein he proclaimed gun parts like “bump stocks” to be illegal without any statutory authority, Firearms Policy Coalition (FPC) is firing back, calling his statements “disingenuous at best and probably illegal.”

Not only is Attorney General Becerra’s so-called ‘news release’ inaccurate and misleading,” said FPC President Brandon Combs, “it is almost certainly an illegal underground regulation.”

The State’s Office of Administrative Law (OAL), the agency which oversees the regulatory process, says on its Web site that if “a state agency issues, utilizes, enforces, or attempts to enforce a rule without following the APA when it is required to, the rule is called an ‘underground regulation’.” OAL continues: “State agencies are prohibited from enforcing underground regulations.”

“If the Attorney General and his Department of Justice [DOJ] would like to regulate ‘bump stocks’ they may attempt to do so through the normal process that requires public comment and oversight,” explained Combs.

“This appears to be one more example of the Attorney General and his anti-gun DOJ banning guns and gun parts by executive fiat rather than following the rule of law and the constitutions he swore an oath to uphold.”

Penal Code § 32900 states that unless otherwise exempted from the law, any person who possesses, makes, lends, gives, or sells “any multiburst trigger activator” can be punished by a misdemeanor or a felony (sometimes called a “wobbler”), potentially including jail or prison time. But Penal Code § 16930 defines a “multiburst trigger activator” as either a “device designed or redesigned to be attached to a semiautomatic firearm, which allows the firearm to discharge two or more shots in a burst by activating the device” (16930(a)) or a “manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm” (16930(b)).

A ‘bump stock’ does not appear to do either of those things, FPC noted. “And in the final analysis, a semi-automatic firearm is a semi-automatic firearm,” said Combs. “The ‘rate of fire’ of a semi-automatic firearm is, and always will be, simply one shot fired per engagement of the trigger” – whether that action is performed by the pull of a person’s finger or the pulling action of some manual or power-driven trigger activating device.

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Accordingly, FPC said, the very statutory authority that the DOJ has cited in support of this “news release” is itself subject to serious challenge as unconstitutional, for encouraging arbitrary and discriminatory application in the vagueness of its terms.

This clearly heightens FPC’s real concerns about the DOJ’s underground regulatory activity here.

Concluded Combs, “FPC’s legal counsel are reviewing this issue and has been instructed to take legal action as necessary to protect California gun owners from Attorney General Becerra’s long and hostile reach. Becerra should spend more time reading the law and less time dreaming up new ways to attack gun owners.”

About Firearms Policy Coalition

Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect and defend the Constitution of the United States, especially the fundamental, individual Second Amendment right to keep and bear arms.

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eaglesnester

Where will he find the rough men to enforce his dictact . If it is an illegal law it is no law at all. That should be reassuring to the police when they try to enforce this law.

American Patriot

The SOB in probably an anchor baby and against anything Pro-American!

james

The man needs to denounce his Citizenship and immediately relocate to North Korea
where he will be very happy.

American Patriot

The SOB is probably an Anchor Baby and against anything pro-American.

George

“the rule is called an ‘underground regulation’”
In places where EngSoc is a foreign language, that’s called a “tyranny.” Of course, the fine strokes of tyranny is what colors every thread of Kalifornia government.

JDL

Criminal charges should be filed – keep him busy trying to keep out of jail and he won’t have time to bother us.

Tionico

Many of us cheered when his sorry predecessor Kamala Harris stepped down so she could toddle off and infect the District of Corruption with her oh so august presence. We thought GOOD RIDDANCE. THen we see the likes of her handpicked successor….. who is every bit as rabid a dog, but without even the pretension of class and intelligence. Funny thought occurred to me as he was first announced… in spanish that word, his surname, means a beast of burden, specifically an ox. Noted for their lack if intellilgence and their brute strength. Until/unless SOMEONE can get a halter and/or… Read more »

Wild Bill

@Tio N, Yeah, a guy has to wonder what it is going to take to get Cal government to respect the U.S. Constitution again.

tomcat

Bacerra is a legend in his own mind. I doubt if he was born and raised here so he is trying to turn the U.S. into the hell hole he came from. Anyway, at least he is back in commifornia where he can’t do anything to circumvent the influence the federal government has on each of us. Succeeding from the union doesn’t sound like a bad thing except it does imprison a lot of good people.

Samuel Stephens

Attorney General Xavier Baccera–He’s in Kalifornia, he is of the majority rule, and he’s a corrupt DemocRAT, and he’s the top cop, I could say other truthful words but the corrupt could and probably would take offense. Kalifornia has a love affair with corrupt Mexican politicians and the neglect of the status quo.

Mr David E Willson

This state has plenty of real problems, roads, tax burdens, illegals and support by social programs, water, air, etc. Yet certain members of the socialist, progressive, commie, liberal leftist Demos spend more time writing gun control laws to blatantly intended to disarm law abiding citizens who possess a constitutional right to keep and bear without being infringed than they do actually fixing anything. One, Kevin Delong even has family members here who are illegals. Anyone who believes that he doesn’t have an incentive to support illegal immigration and sanctuary must be another anti-American.

JS

Becerra, another mouth foamer over firearms…

Bandit

At one point he said he was going to run for governor of the state, he also claimed that he was going go be made president without even running for the office, becerra is a very delusional person, he thinks that he has total control of everything that involves the use of guns.

Farmer

We need to keep an eye on Becarra. He looks like he may be gearing up for a higher office where he can do more damage to America!

Fireball4

Guessing, he’s eying Di Fis job..

one of the deplorables

Kalifornia is the training grounds for rule of the politicians, by the politicians, and for the politicians. Kalifornia Politicians (KPs) are well-trained in the usurpation of freedom to take from those who succeed by their own ambitions and abilities. KPs build their family fortunes by pretending to care about “the people”, with whom they will not share a nickel of their own wealth. Just compare the wealth of KPs before they were elected, what their salaries were, and what their worth is now, if you don’t believe that this state government is as corrupt as any banana republic!

Jim Macklin

Assuming the POWERS of a king or dictator is certainly a violation of the constitution, even in California. Isn’t impeachment the minimum sanction?

JoeUSooner

Well… it is in SANE minds.