SACRAMENTO, CA –-(Ammoland.com)- In a published decision issued today, California’s 3rd District Court of Appeal has issued an important new ruling striking down an illegal California Department of Justice (DOJ) gun control enforcement policy on multiple grounds. A copy of the Court of Appeal’s decision can be viewed here.
The lawsuit, filed in 2014, was brought by two individuals after the DOJ’s Bureau of Firearms sent a letter notifying firearms dealers in the state of a new enforcement policy that prevents Californians who hold both a federal firearms license and a state Certificate of Eligibility, or “COE”, from purchasing more than one handgun in any 30-day period. After nearly two years of litigation, and in spite of both the requirements of the State’s Administrative Procedure Act (APA) and legal precedents on how to interpret statutes, the Sacramento Superior Court upheld the DOJ’s policy. But the Court of Appeal ultimately found that the policy was illegal, agreeing with the plaintiffs on both counts.
“This decision stands for the proposition that Attorney General Becerra and his Department of Justice are not above the law,” explained Brandon Combs, executive director for The Calguns Foundation. “They can’t simply make up the law as they go, without following the rules or having a legal basis in the statutes. The DOJ fabricated and enforced an illegal policy and we put an end to it with this case.”
Combs added that the decision is important for other issues as well, especially because it is citable as precedent. “Today’s decision is perhaps even more important because of the state’s new ammunition and assault weapon laws. Attorney General Becerra has been doing similar things in other areas of state law, and we are eager to show that, like their illegal policy here, those also must be enjoined and struck down.”
Plaintiffs’ attorney Bradley Benbrook of the Sacramento-based Benbrook Law Group hailed the decision. “We are gratified that the court affirmed the important principle that the State can’t take shortcuts when it tries to regulate citizens,” commented Benbrook. “It has to follow the rules.”
Doe, et al. v. Attorney Genera Xavier Becerra, et al. was supported by two California-based civil rights advocacy organizations: The Calguns Foundation, which focuses on legal efforts to protect individuals’ gun rights, and the California Association of Federal Firearms Licensees, the state’s firearms industry group.
The Calguns Foundation is participating in a lawsuit challenging the DOJ’s “bullet button assault weapons” regulations on similar grounds. More information about that case can be found at https://bit.ly/cgf-holt.
About the Calguns Foundation
The Calguns Foundation (www.calgunsfoundation.org) is a 501(c)3 non-profit organization that serves its members, supporters, and the public through educational, cultural, and judicial efforts to advance Second Amendment and related civil rights.
About the California Association of Federal Firearms Licensees
California Association of Federal Firearms Licensees (www.calffl.org) (CAL-FFL) is a 501(c)6 nonprofit organization serving its members and the public through direct and grassroots issue advocacy, regulatory input, legal efforts, and education. CAL-FFL’s membership includes firearm dealers, training professionals, shooting ranges, licensed collectors, others who participate in the firearms ecosystem.
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CalGuns, I applaud your work. Unfortunately, for every step you take forward, the Communists push you two miles back. How can we win, with so many politicians stacked up against us? How can we win with the privately funded AstroTurf groups and the media colluding to spread misinformation and outright lies? We need more than lawsuits and the void of gun-friendly message boards. How can we, as liberty-loving people stand up together and have our voices heard? It’s a question I ask myself constantly. I’d love to have someone give me a good solid answer.
That’s what’s wrong with the system it’s been so corrupt for so long people think that they have no recourse and just take what these folks throw out there , it’s partially there fault for voting these folks in, probably under false pretenses. These people need to stand up for their constitutional rights and this crap wouldn’t continue, they all take the oath but I guess that doesn’t matter cause once they get in the agenda takes over and WE THE PEOPLE get the short end of the shaft
Everything done by the “Brown Shirted” DOJ or FBI needs to examined closely. They are proving more and more each day that their Leadership can not be Trusted.
Unfortunately he will not be held personally liable and will not lose his job and face prison time, unlike those he would have sought to punish under his illegal act. He and the state should be required to pay an enormous penalty for not abiding by the laws of the state and honoring his oath of office.
There can be no compromise. One can’t compromise with those whose goal is disarmament.
Push back people. Pay close attention. This year, Jan of 2018, The Washington State Legislature proposed 7 anti-firearm control laws to be adopted and ratified as Law. These illegal gun grabbing proposals include forcing gun owners to keep all Firearms under Lock and Key 24/7, to banning any and all Trigger modifications, including common Trigger enhancements for Target and Competition Shooters. There is a Large Magazine Capacity Ban proposal as well. All 7 of these are Unconstitutional proposals of the United States Constitution and The Washington State Constitution.. This is beyond outrageous. It is outright TREASON. Really, these “Gun Grabbers”… Read more »
Commiefornia needs to be stomped on and hard. Commiefornians need to decide if they want to belong to America if not the Pacific ocean is near,grab a paddle and start paddling to their new Commiforniatopia,which ever island that is.