Opinion By Matthew D. Cubeiro
California – -(AmmoLand.com)- Our law firm is often contacted by individuals seeking to preserve or restore their Second Amendment rights.
Some folks are prohibited from owning or possessing firearms because of a prior criminal conviction, or by a restraining order they may not even know about, or for other reasons, and we can often help. Far more often than you might expect, people are denied their rights simply because the California Department of Justice’s (“DOJ”) records are out of date, inaccurate, or incomplete. In these cases, resolving the issue often requires providing DOJ with updated information. Typically, DOJ refuses to do the work to update their records and insists that the individual obtain and provide the information to DOJ.
Why should the burden rest on the individual to prove to the government they are not prohibited from exercising their constitutionally protected rights?
Good question. And one which is being asked at this very moment in the context of California’s ammunition sales restrictions. California Rifle & Pistol Association: CRPA, with support from the NRA, filed a lawsuit titled Rhode v. Becerra challenging those restrictions as a violation of the Second Amendment and Commerce Clause of the United States Constitution. When the ammunition transaction background check requirements took effect this past July [2019], more than 20% of law-abiding citizens attempting to purchase ammunition in California were denied due to outdated or incomplete records maintained by DOJ. In response, the plaintiffs in Rhode have now filed a motion for an injunction, noting that DOJ “has the burden to prove that a person is not entitled to exercise a right—not the other way around.”
DOJ’s inaccurate and outdated databases are not the only problems some California residents have been forced to deal with. Many law-abiding gun owners have been contacted by armed DOJ agents who mistakenly believed they were prohibited. Other individuals who are in fact prohibited have also been contacted because DOJ mistakenly believed they are in possession of a firearm previously seized by another law enforcement agency, despite the person also informing DOJ—under penalty of perjury—that they no longer possessed the firearm. Such stories are among of dozens of examples that illustrate the bureaucratic mess that is the DOJ Bureau of Firearms.
Just when you thought things can’t get any worse, DOJ now appears to include “Other” as justification to deny a person their Second Amendment rights. See for yourself:
The letter goes on to state that if the person wishes “to challenge the accuracy” of DOJ’s determination, they should undergo Live Scan fingerprinting to obtain and review their criminal records.
But what good will that do, exactly? How can the person in this case challenge DOJ’s prohibited person determination when they don’t even know what that determination is based on?
Sadly, it’s another shameful display of bureaucratic sloth from California’s top law enforcement agency.
Matthew D. Cubeiro is a California attorney who serves as Special Counsel for Michel & Associates, P.C. His primary practice areas involves firearm-related regulatory compliance, and is co-author of California gun Laws: A Guide to State and Federal Firearm Regulations.
All ‘gun control laws’ are un-Constitutional: Article 6, U.S. Constitution “The Constitution…shall be the supreme law of the land”. Therefore, no federal or state legislative law, Executive Order or local decree may limit, deny, change or modify the Constitution. THAT is called the ‘Supremacy Clause’. Article 6 continues “All laws must conform to and be made pursuant to the Constitution”. Therefore, any federal or state legislative law, Executive Order or local decree not in 100% harmony with the U.S. Constitution, is null & void. When Americans obey the un-Constitutional ‘gun control laws’, they tell the tyrant they will accept any… Read more »
I’m 70 years old, lived in Cali. most of my life except for military service and work. No more. I was once an FFL in Cali, sold guns from my non-gun shop and had little problem with the local sheriff and DOJ. That was a long time ago. This once beautiful place to live has been turned to a third-world socialist hell-hole. Breaks my heart to see this happening. Moved to a (relatively) free state and suggest others who love freedom do so. I hate saying this, but it looks like there’s no saving it. If you live there, get… Read more »
Crop-duster with tanks filled with gasoline flies straight down the center of SF, and drops a flair when the tanks are empty. One for Los Angel-less, Long Beach, and Excremento and Viola … California is a nice place again.
Commiefornia is blatantly denying people their RKBA, the courts have determined this to be the case, and the courts have ordered CA to stop doing it. Yet CA flouts the law, the courts, and contemptuously keeps on denying and/or infringing on peoples’ RKBA.
At some point people need to either accept their chains or take up arms against a corrupt and illegitimate, tyrannical government. And accepting their chains is NOT an option!
Or maybe a federal agent coming and arresting someone like Becerra for swearing his oath of office then NOT keeping it. That’s felony perjury. That would look realy good on that beast and some of his cohorts.
Well at least they banned those pesky plastic straws. Those fucking things were going to be the end of us all. They say every time one was used another polar bear drowned.
Klim: I had my run in with a niece of the women I bought my house from, I was changing the locks that Saturday, and she jumped me as to why I was doing it, I told her that I bought and paid for the house and if they wanted to get anything out of the house they would have to contact me to do so! In my non-p/c way, she was sucking on a very large soda through a plastic straw, which I told her that in the big cities they were trying to ban them and that she… Read more »
LOL love the sarcasm, keep it up Klim.
I worry about my own state (Arizona) and maintaining our Constitutional freedoms. A lot of my concern is regarding the worthless scum who trashed California, moving out of California and into my state and attempting to do the same thing they did in California here.
JPM
Carpet bagers from Communist chit holes have all but ruined Vermont,culturally and fiscally you are correct to be leery of them and what ever one does,never vote them into any office not even the local PTA
Will I believe the rest of the country will have already burned to the ground before Texas becomes a progressive cess pool like Vermont.
Sad, Vermont was one of the first with constitutional carry. Before the term was even coined I think. Now look at it.
@Klim – There are many progressives here (TX) as well. As elsewhere, the dominate the educational system and are working form our children’s minds.
While conservatives continue to dominate Texas politics, a big part of that dominance is maintained through gerrymandering. Texas is closer to the edge than many recognize.
I say it again, the only thing liberals understand is money. $1 billion lawsuits for violation of the civil rights of an individual each and every time they do this will get their attention. Just like they do to Trump every time he tries to do something for the better of or country.
@chiefton. Along with the law suit, the person, department who is found incompetent MUST pay ALL costs relating to that court case.
“Other” is clearly a “Bill of Attainder;” clearly “Unconstitutional.”
Correct.
The Founding Fathers were well aware of history. Hence, they made sure Bills of Attainder and Ex Post Facto laws were unconstitutional.
Unfortunately, most Americans today are wholly ignorant of history and the Constitution. Hence your two down votes. But, they were too cowardly to post a position. The Cadre of the Weak & Yellow Spine.
His down votes have been negated by our up votes.
California residents need to grow some and create a mass extinction event for any and all that violate the UNALIENABLE right to keep and bear arms as the are nothing but your enemies and deserve nothing better then a hanging or firing squad. When the government fears the people there is freedom. When the people fear the government there is tyranny. So which is it in Commiefornia?
The way I see it, you either fight the enemy until they are no more, or they will follow you to wherever it is that you flee to because it’s what they do in their quest to stay in power and rule. Smashing your rights is how they justify it. See ‘dictator.’ Stallone as Rambo said it best, when he said, “If you’re not bringing any weapons to the fight, your not going to change anything.”
No, I think bonehead Stallone said it best when he stated, (and I’m paraphrasing here) ‘we should go door to door in this country and confiscate all firearms’ except his and his body guards. Of course.
He’s definitely expendable.
Klim, you got that right. The Stallone on screen and the Stallone in real life are two different animals. He likes to make money with guns on screen, but would take ours away if he could. He is a Hollywood hypocrite.
Hey, isn’t that the same department of the wretched State ofCalifornia government that used to be the feifdom of good ol’ Horizontal Harris? Camelnose herself? Now its under the reign of her handpicked successor, Becerra the Best.
This one should go up high enough Becerra will get his hide well tanned. They are behaving liie communist dictators trying to “readjust” their subjects.GO git ’em.
How long will California sheeple put up with this abuse? I don’t know, I just know I won’t. I have lived in CA for 56 years and I’m ashamed of what this state has become; morally, spiritually, and politically. At least I live in the “free zone” of northern California where a majority of residents still do not agree with the liberals in Sacramento. Our north state votes don’t matter, and we can thank the unconstitutional 1964 U.S. Supreme Court decision Reynolds versus Sims for that anarchy.
@Guns, We have to make sure that another Earl Warren does not get on the S. Ct., and that is another of many reasons that this next election is so important.
California.
Sucks.
Hard.
Jesse James builds motorcycles in California. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=18&cad=rja&uact=8&ved=2ahUKEwjw1sW1lrrlAhUDc60KHbPEDI4QFjARegQIAhAB&url=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FJesse_James_(customizer)&usg=AOvVaw19leirgik-1JGTVmuBHcB9
Let us hope he isn’t denied as a criminal and train robber!
A few dozen criminals with a dozen guns could continue crime waves. Probably even worse since they’d be unrestrained.
But the government would get what they wanted… a disarmed people ripe for tyranny.
The government wants and needs crime as a lever to foment socialism or worse.
I believe Mr James has branched out to the free republic of Texas to give himself a little more leeway in his pursuits.
He once refused to build a bike for the imbicile Stallone on the grounds that sly wanted it canary yellow. Jessie stated that’s the international color of coward and declined to move on the project.
I’m sure they black balled him for it.
Off with their heads.
@Big, The “legislators” in Excremento, Ca don’t use their heads anyway so maybe it would hurt them more to separate them from their Cal govt provided cars. One of them chose a Corvette for his g.o.v.
Considering POWER and MONEY are what these CONS worship, It would hurt these “legislators” the most to be separated from their FINANCIAL SECURITY.
And then separate them from their heads.
TITLE 18, U.S.C., SECTION 242
@W; One big problem of the “fire”. The fire, unlike many politicians, does not care who it hurts or destroys.
Those who do nothing but sit by while the political criminals act, are just as guilty for their lack of action and deserve to burn.
I purchased a polymer 80 and has turned out to be more of a nightmare than its worth. After spending time and money to fine tune this lower and get it functioning properly. I now find out I can’t get it serialized in California because I have a suffix in my name, yes you heard me right a friggin suffix. Apparently CFARS website ran by the DOJ added a box for your suffix in the unique serial # application form.Unfortunately that box does not exist on the DROS you fill out for your FSC. so on my FSC its written… Read more »
I agree but you would think there would be another way to stop California beauracrate from denying my constitutional rights. At this point I feel the feds need to step in and right this wrong. California cant deny guns and ammo to 20% of the population based on how there name is configured. I had no choice in this matter. the have outdated software and a lack of communication between the agencys and now there making it our problem. just want to add president trump in 2020 we need your help please