Gun Rights Groups Sue California Attorney General Xavier Becerra, DOJ in New Lawsuit Over “Assault Weapon Registration Disasters”
California – -(Ammoland.com)- Today, attorneys for three gun owners and four civil rights organizations filed a new lawsuit and petition for writ of mandate that claims California Attorney General Xavier Becerra and his Department of Justice (DOJ) violated their civil rights protected under the state and federal constitutions. A copy of the complaint can be viewed or downloaded at https://www.firearmspolicy.org/sharp.
The lawsuit, captioned Harry Sharp, et al. v. California Attorney General Xavier Becerra, et al., is supported by The Calguns Foundation (CGF), Second Amendment Foundation (SAF), Firearms Policy Coalition (FPC), and Firearms Policy Foundation (FPF). Named as defendants are California Attorney General Xavier Becerra, Acting Chief of the DOJ Bureau of Firearms, Brent E. Orick, and the California Department of Justice itself. The plaintiffs are represented in the case by attorneys George M. Lee and Douglas Applegate, as well as Raymond M. DiGuiseppe, a former California deputy attorney general and prosecutor.
“Many people, including our clients, did everything they could to comply with the law and avoid criminal liability,” commented Lee. “They used updated web browsers, hardware, different devices, and even did internet speed tests to make sure it wasn’t a problem on their end. The DOJ’s crashed system is a reflection of their cascading failures to build a system to allow people to register their guns before July 1 if that’s what they wanted to do.”
The complaint says the plaintiffs “seek an un-extraordinary result, compelled by the basic tenets of due process: That they simply be allowed to register their eligible firearms and comply with the law, and that the Attorney General, the DOJ, and their officers and agents similarly comply with the law by allowing such registrations and ensuring they are properly and timely processed through a functioning online database as they have been required by statute to do.”
Under California’s voluminous gun control laws, someone merely transporting an unregistered “assault weapon” to the shooting range – even if one believes it was legal and registered under other DOJ systems, like DROS – “is guilty of a felony” and possibly subject to a prison sentence of “four, six, or eight years.” Other crimes can be added on to that, including common separate charges like possession and manufacturing.
“Attorney General Xavier Becerra seems to care about everything but the constitution, the rule of law, and law-abiding California gun owners,” said FPC President Brandon Combs. “If Becerra spent as much time doing his job as he does talking about his pet crusades against the federal government, hundreds of thousands of Californians would not be in legal jeopardy right now.”
“We’re suing because California DOJ’s Firearms Application Reporting System (CFARS) broke down during the deadline week for people to register their firearms in accordance with new state laws,” said SAF founder and Executive Vice President Alan M. Gottlieb. “For a whole week the system was largely inaccessible, so people who wanted to comply with the law simply couldn’t and now they face becoming criminals because they couldn’t do what the law requires.”
“Predictably the state of California wants to take guns away from the law abiding. In this instance they couldn’t even build a working system to respect gun owners’ rights,” explained CGF Chairman Gene Hoffman. “We simply want to allow those who want to comply with the law to have more time with a working registration system.”
“It’s like a bad version of ‘Catch-22’,” Gottlieb observed. “The government required registration by the deadline, but the online registration failed and people couldn’t register. They’re required to obey the law, but the system broke down, making it impossible to obey the law. Now these people face the possibility of being prosecuted. We simply cannot abide that kind of incompetence.”
“Once again, the DOJ and Attorney General Becerra unlawfully and unconstitutionally moved the goal posts on peaceful, law-abiding gun owners,” observed FPF Vice President Jonathan Jensen. “Their failures should not result in people going to prison and losing their property.”
Combs noted that the case is not an endorsement of firearm registration, which carries its own risks, as many news reports have shown.
“Gun owners had a right to decide how they would approach these serious legal issues,” explained Combs. “Attorney General Becerra and his DOJ denied gun owners the opportunity to exercise their rights and make an informed choice, forcing them into the sights of fascist, hyper-aggressive special agents who kick in doors and put gun owners in jail. That’s completely unacceptable and totally deplorable.”
Californians who tried to register their firearms as “assault weapons” before July 1 2018 but were unable to should contact the Legal Action Hotline immediately at https://www.firearmspolicy.org/hotline or by telephone at 855-252-4510.
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.
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.
Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to defend the Constitution of the United States, especially the fundamental, individual Second Amendment right to keep and bear arms, through advocacy, legal action, education, and outreach.
Firearms Policy Foundation (www.firearmsfoundation.org) is a 501(c)3 grassroots nonprofit organization. FPF’s mission is to defend the Constitution of the United States and the People’s rights, privileges and immunities deeply rooted in this Nation’s history and tradition, especially the inalienable, fundamental, and individual right to keep and bear arms.
09/10/2018I had three DOJ Agents come today and take one of the Weapon’s I tried to register at the in of June 2018, Stating it was an assault weapon, It was a Commando Mark III, .45cal. semi-auto. I guess they took it because it didn’t have the bullet button. I’m just wondering if they will be Coming back for more of my weapons?
Bad things happen to law-abiding people.
State and federal court judges are sworn to uphold the constitution, correct me if I’m wrong. WHen are they going to start so doing?
They will arrest people as they register them. The registering of firearms is against many laws. It’s being used to track owner’s for future gun grabs. Don’t do it.
Cali makes guns difficult to use for legal U.S citizens. Screwed up no thumbhole sticks, capped off magazines, bullet buttons are mandatory and also illegal and you have to register guns which is illegal. Ammo can not be ordered online because they banned ammo import and will arrest you for ordering it.
California justice’s are braking the law and violating the constitution and people’s civil right’s as if they’re under martial law.
These poor apps need to impeach these self appointed little dictators for violating the oath they took and infringing on their God given right s ,that’s right “God given not government given” . Remove them at once ,if more did this it would put an end to this crap
Fool me once … Didn’t the DOJ use the last registration to confiscate firearms when they ruled specific arms were not banned when they weren’t before?
I would believe that Xavier caused the web site crash by simply unplugging the computer.
GIVE ‘EM HELL! Stupid loonies there on the left coast!
CA gun owners shouldn’t even be complying with these unconstitutional ‘enabling acts’. They should be locking & loading on a criminal government that deserves it. The fact that they’re bending over for this unlubricated ream job shows what a bunch of wusses they are. The founders of this country would be ASHAMED!!
Ca, NY, NJ, Conn, Mass. Va are in full rebellion against the U.S. Constitution. They hate the United States. Half of Congress hates the United States. The social democrat and luny bin party hates the United States. Cesspooluary cities hate the United States. Europe hates the United States. The middle east hates the United States. China hates the United States. We better stick together.
Title 18, Chapter 13, subsection 242; Deprivation of Rights under color of law.
I wonder how this affects the California (or other state’s for that matter) anti-gun laws? Any lawyer types willing to comment? I’m sure many people would be interested in learning more.
Build the wall around California and make it an insane asylum.
I have been saying that for the last 30 years. California citizens have to be crazy to stay in that state.
I really think its too late to save California!
And when that immoral bastard Gavin neusom gets in we are all screwed
Didn’t the court just rule that the state could legislate the impossible? God help you poor b-stards in CA…