Fed. Judge Denies DOJ Motion To Dismiss SAF California Gun Registration Case

Firearms Gun Registration
Fed. Judge Denies DOJ Motion To Dismiss SAF California Gun Registration Case

BELLEVUE, WA – -(AmmoLand.com)- A federal judge has denied a motion to dismiss a lawsuit against the California Department of Justice and Attorney General Xavier Becerra over the state’s failure and refusal to establish a properly functioning internet-based firearms registration system that was mandated by law.

U.S. District Judge Morrison England, Jr., a George Bush appointee, denied the motion, noting in his 10-page ruling that, “the Supreme Court specifically recognized that a violation of procedural due process occurs when ‘it is the state system itself that destroys a complainant’s property interest, by operation of law,’ whether the state’s action “is taken through negligence, maliciousness or otherwise.”

“We said at the start of this legal action and we still maintain that the state’s system was like a bad version of ‘Catch-22’,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “The government required registration by a certain deadline, but the online registration failed and people couldn’t register. It’s simply not acceptable when the government mandates something and then doesn’t provide the tools for the public to comply, making them criminally liable and subject to firearms confiscation.”

Judge England noted in his ruling, “While Defendants appear to blame the individual Plaintiffs for waiting until the last minute to attempt to register their firearms (seven waited until the last two days of the online registration period), the fact that Defendants’ website used a dramatic ‘countdown clock’ showing the number of weeks, days, hours, minutes and seconds elapsing until the deadline at least arguably supported a belief that registrations could be both processed and accepted ‘until literally the last second of the registration period.’ Particularly when coupled with the documented systemic failures outlined above, the countdown clock also supports an inference of deliberate indifference.

SAF is joined in the case by the Calguns Foundation, Firearms Policy Coalition, Firearms Policy Foundation, Madison Society Foundation and seven individual plaintiffs.

“Attorney General Becerra and his DOJ had one job to do: Provide a functional system for gun owners to use in registering their eligible firearms,” added Firearms Policy Coalition President Brandon Combs. “But instead of doing their jobs, they created a huge new mess for law enforcement and put innocent people and lawfully-owned property at serious risk.”

“The state of California couldn’t even build a working system to respect gun owners’ rights,” noted Calguns Foundation Chairman Gene Hoffman.

The case, known as Sharp v. Becerra was filed in U.S. District Court for the Eastern District of California.


Second Amendment FoundationThe Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

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donfrankoJ CAmerican PatriotBrickmusicman44mag Recent comment authors
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American Patriot
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American Patriot

Calif is history…..Never to be part of America again…..Sad, but True !

Brick
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Brick

California, NJ, NY, WS, WI, MN, MI ect will be the first hit by Islamic and other forms of terrorism. Why? you may ask. Because they’re the states that disarmed their citizen thru illegal/legal unconstitutional means. And they’re the highest in Muslim and idiot majority.

musicman44mag
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musicman44mag

The fact that kommiefonia has the right to decide if they may support my protecting myself is a crime in and of it’s self. The may issue part covers, judges, judges daughters, sons, nephews, nieces, his doctor, the local firemen and anyone else the sherriff decides deserves the privelage of defending one’s self. It’s why I left Kommiefornia, specfically Sacratomatoe and moved to Oregun. Now Oregun has Kate hate Brown that wants to lead the west coast in the leftist crazy batshit and leave Kommiefornia and Washington in leftist dust. Wyoming has no retirement tax so there are no redistribution… Read more »

circle8
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circle8

Khalifornia makes Russia, China and Burma, combined, look like free and open republics.

LUVITORLEEVIT
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LUVITORLEEVIT

Gavin Newsom and the rest of the state of California government is a total and complete FUCKUP!!!!!!!!

Ted Robinson
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Ted Robinson

Why would you even consider complying to such a law?

Hankus
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Hankus

Why would you even consider living there?

JohnBored
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JohnBored

Kalifornia is a corrupt third-world state. It is amazing that one-party dimacrap rule could completely destroy a once wonderful state that was once the envy of the nation. There is no longer a vibrant middle-class in that state. Just a few rich elites and millions of poor people. The socialist wet dream of the new feudalism that they want to impose on the entire country. Open borders, importing peasant voters, socialism, the new slavery/serfdom, and gun confiscation, no resistance. The dimacrap/socialist politicians don’t give a rat’s ass about the middle class. What is really remarkable is that people voted for… Read more »

Mr. Bill
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Mr. Bill

Governments are unable to provide adequate information security for electronic firearm registration systems.
Firearm registration systems will, with complete certainty, be compromised.
When compromised firearm registration systems provide a ready inventory of firearms to organized crime and gangs.

Get Out
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Get Out

Gun registration is a failure as it’ll only apply to the law abiding and not to the criminal. IMOA it’s a registration gun control scheme that informs the anti-gunners who has guns, ammunition and where to find them.

Huapakechi
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Huapakechi

Registration also provides the government (state or federal) with the identity of lawful gun owners should the state desire to disarm its’ citizens. Note that no such mechanism is in place to disarm the criminal element.
Why does the state concentrate its’ disarmament efforts on those who obey laws? It’s an easier target and it is also a means of expanding the police state when disarmed citizens demand increased law enforcement to combat the unfettered violent crime.

Neil J Friedman
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Neil J Friedman

*Commiefornia

SamAdamsSmile
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SamAdamsSmile

Time to realize, they are not blue democrats, we are not red republican, those that choose to enforce THEIR GOD given rights, unrecognized by government… We are all now grey men. In the shadows of Liberty, are those that kneel not, and those that pander for the tit of acceptance. Those that wish death to minority babies, those that wish to govern you with boots and threats, those that repeat over and over that freedom is a gift …. Are wrong. We are free, independent, God Loving, and the biggest threat to their slavery mentality…. That is why they want… Read more »

donfranko
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donfranko

Well stated my friend. I have been trying to convince patriots to prepare for whats coming for some time now. Thanks for the good words…

USA
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USA

Registration for confiscation violation gets guns confiscated?
So they confiscate guns either way?
Hitler developed confiscation implemented in Cali and they fall for it?
SUCKERS!
You fucking mental rejects in Cali are ignorant, beyond repair.
Even Colorado liberals refuse to comply to registration and they’re nutty enough to lock n load and take to the streets giving the law the finger in protest.
Cali = Communist slave state.

J C
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J C

Yup, we are going down hill fast. Just a few more years to retirement, it’s almost time to get the heck out. I’m leaving because of belief and ideology.

Those who left with company relocations are most likely be the ones that is screw their new home, like Texas. Texas played with that double-edged sword and may eventually get cut. Wonder how it is turning more “blue” everyday. I don’t mean the sky…….

John Galt
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John Galt

Bracero is only interested in destroying our RIGHTS and giving his beloved Illegals a safe and secure environment to steal and rape. (yes I know how I spelled his name)