California DOJ Stop Enforcing Underground Gun Control Regulation

Xavier Becerra
Xavier Becerra

SACRAMENTO, CA-(Ammoland.com)- Today, Firearms Policy Coalition (FPC) a pro-gun rights advocacy organization based in Sacramento, announced that California Attorney General Xavier Becerra has agreed to stop enforcing an illegal “underground” gun control regulation. A copy of the Department of Justice’s notice can be found on FPC’s “Regulation Watch” Web page, http://www.dojregwatch.com.

The DOJ’s certification notice, sent to California’s Office of Administrative Law (OAL) by new Interim Director of the Bureau of Firearms, Brent E. Orick, is a response to a legal petition filed late last month by Raymond DiGuiseppe, an attorney and former California deputy attorney general, on behalf of FPC and three other civil rights organizations. The petition challenged a DOJ gun control regulation related to the State’s “1-in-30-days” handgun purchase limit as an illegal “underground regulation.”

The groups say they filed the petition after Becerra’s DOJ had maintained an illegal underground regulation in spite of it being struck down in a unanimous Court of Appeal published opinion as well as being subject to a permanent injunction issued in early May. The California Code of Regulations defines an “underground regulation” as “any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, including a rule governing a state agency procedure, that is a regulation as defined in Section 11342.600 of the Government Code, but has not been adopted as a regulation and filed with the Secretary of State pursuant to the [California Administrative Procedure Act] and is not subject to an express statutory exemption from adoption pursuant to the APA.” (1 C.C.R. § 250(a).)

“It’s deplorable that it took this long and this much effort to get California’s top law enforcement officer to follow the law,” said Craig DeLuz, a spokesperson for the petitioning organizations.

According to State law, the OAL must now file the petition and the certification with the Secretary of State, publish a summary of the petition and the certification in the California Regulatory Notice Register, and provide a copy of the certification to the petitioners. (1 C.C.R. § 280.)

FPC and two of the petitioning groups are also litigating against Attorney General Becerra and DOJ over a number of other legal issues, including what they believe are illegal and unconstitutional “assault weapon” regulations, the State’s confiscatory ban on so-called “large capacity” firearm magazines, and DOJ’s denial of access to public records and information about their firearms-related rulemaking activity.

Ironically, Attorney General Becerra recently said that, “Here in California, we respect the Constitution and follow the law.”


About the Firearms Policy CoalitionFirearms 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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Melvin Harris
Melvin Harris
2 years ago

Government is supposed to represent the citizens rights. Criminals violate those rights and can legally be fired for failure to protect the publics rights. The Bill of Rights is the foundation of all free societies and it is the ultimate law of this land. All violators are to be fired immediately and punished for undermining freedom.

RodCK
RodCK
2 years ago
Reply to  Melvin Harris

How Can we go about prosecuting these so-called politicians?
I really think we need to look into a possible solution?
Can we start with a petition? Do we need a lawyer to draw up the paperwork to make it official?
We really need to pursue this. I really believe there are some lawyers out there that would do this Pro bono!!!!

Wild Bill
Wild Bill
2 years ago
Reply to  RodCK

@RCK, first “Under penalty of perjury” has to be added to the oath. Then a Betrayal of Oath statute has to be added to the US Code. Or we could just follow every politician around and tap their phones 24/7, and get them on whatever other crimes that they are committing.

Patrick Sperry
Patrick Sperry
2 years ago

And yet another example of the biggest criminals being those that laird it over all of us peons…

Wild Bill
Wild Bill
2 years ago
Reply to  Patrick Sperry

Sperry, In all fairness that class of people do need to have a job, and the last place that I would want them working would be around me; they are not smart enough to be in the military; and not loyal enough to teach kids.

n.r.ringlee
n.r.ringlee
2 years ago

Underground regulations were the foundation of Jim Crow laws. Becerra should feel like his is in like company. Thugs

Alan
Alan
2 years ago

Re there’s being two sets of laws, one for ordinary people, another for “demorats” I believe was the phrase used, might I offer the following. There are most certainly two or more sets of laws in this county, one being for ordinary people, Mr., Mrs. and Ms. Every person, others for The Chosen Ones, be they Demorat, aka Democrat or Republican.

m.
m.
2 years ago

a d-rat agrees to stop breaking the law? as with irs offenses against tea party, a judge will determine that “they stopped doing it” so no punishment.

Alan
Alan
2 years ago

Just curious re the following. Have ANY of the offending California state bureaucrats been cited for contempt of court? If not, why not, given that their actions/antics certainly are indicative of contempt, or it so appears.

larca
larca
2 years ago
Reply to  Alan

@Alan, given that the 9th Circuit Court of Appeals has jurisdiction over CA courts, why would we expect that CA state bureaucrats would ever be held in contempt of court for such actions? 🙁

Alan
Alan
2 years ago
Reply to  larca

Good question.Other than possibly vain hope, I cannot really think of a reason.

Gene
Gene
2 years ago

From the land of fruits and nuts

DaveW
DaveW
2 years ago
Reply to  Gene

Hey! HEy! HEY!! You just insulted a lot of conservatives, and some liberals, who happen to live in California and are not fruits and nuts. Entire counties which have stood against the state and it’s Moonbeam Cartel on most every point the cartel has advanced. It statements like this which are divisive and give aid and comfort to the enemies of freedom. We should be standing together as one solid block, not insulting each others’ home states.

Jo Ann
Jo Ann
2 years ago
Reply to  Gene

Just a minute there Gene. What is your firsthand knowledge of California and specifically, the CA gun owners who have worked their butts off fighting for 2A rights?

larca
larca
2 years ago
Reply to  Gene

@Gene, gotta say I’m with DaveW and Jo Ann, there. Yes, CA has a well-deserved reputation for being both New-Wave’y and for being highly suppressive of 2A Rights. But please don’t throw the baby out with the bathwater, here — there are plenty of folks in CA that are fighting their butts off to recapture full constitutional rights here. And if they can be regained in CA, then the rest of the country can have some hope. (we can sure use some encouragement from states like TX, ID, WY, …)

Tionico
Tionico
2 years ago

Ironically, Attorney General Becerra recently said that, “Here in California, we respect the Constitution and follow the law. Deceptively, AtG Beast…… Falsely, AtG Beast said…. Fraudulently, AtG Beast said…. Communisticially, AtG Beast said……. How’s about the grass roots rights organisatioins file a petition to run him up on charges of PERJURY for swearing his oath of office then ignoring it to do what HE wants. He is making war on the People of the State of Clifornia. Charges of treason would not be out of line. HE is acting like a king, and last I heard we don’t have such… Read more »

larca
larca
2 years ago
Reply to  Tionico

Kamala Harris was indeed a bad disease. Horrible. Yet we, the people of CA, *promoted* her to become a U.S. Senator from CA. (I sure did *not* vote for her, but share communal guilt for her election) That’s what the “progressive” left here does — promotes those who wish to chip away at our rights, and perpetually raise taxes, to shift power from the people to *them*, the elite Left.

MICHAEL A CROGNALE
MICHAEL A CROGNALE
2 years ago

It is routine for the dem/prog/lib/socialist/traitors to ignore, obfuscate and disobey the laws in their efforts to destroy the Bill of Rights. Why is anyone surprised at this?

Macofjack
Macofjack
2 years ago

Keep up the good fight! It doesn’t seem to work, but in small ways and small steps it does!

Rock
Rock
2 years ago

Ever notice how most of the anti gun pro disarm assholes are “imports” or spawn of imports AND totally CLUELESS ? Their country was/is corrupt and infested with scum so they feel more comfortable pushing the same shit here. GO back to your commie inspired, disarmed, criminal over run, gang filled, drug producing, shithole !

JP
JP
2 years ago
Reply to  Rock

AMEN to that…
JP..

Huapakechi
Huapakechi
2 years ago

So these klowns ensconced in the kaleeforneeya “justice system” perpetrated a violation of law and Constitutional rights and suffer no consequences?

What’s wrong with this picture?

Phil Auten
Phil Auten
2 years ago

Ironically, Attorney General Becerra recently said that, “Here in California, we respect the Constitution and follow the law.”
Yeah, Right.

Phil in TX

JS
JS
2 years ago
Reply to  Phil Auten

In any other life Becerra would be a thug and criminal, but lucky for him he hides out in the Kommiefornia DOJ…

RodCK
RodCK
2 years ago
Reply to  Phil Auten

Only if it benefits them or puts money in their pockets!!!!!!!!!!

grim reaper
grim reaper
2 years ago

Why aren’t these law breaker held to the same laws and standards that they illegally impose on the population. Knowingly disreguarding a court order would land any regular citizen in the state penn.

tomcat
tomcat
2 years ago
Reply to  grim reaper

reaper you could just as well ad hiLIARy and a bunch of DOJ and FBI to that list and ask the same question. There appears to be two sets of laws in this country, one set for we common citizens and another set for the demorat higher ups.

hippybiker
hippybiker
2 years ago

Gotcha!!