Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

California DOJ Withdraws “Assault Weapon” Regulations

Monday, February 13, 2017

California DOJ Withdraws “Assault Weapon” Regulations

As previously reported, after the California Department of Justice submitted regulations regarding newly classified “assault weapons” to the Office of Administrative Law (“OAL”) for publication in the California Code of Regulations (CCR), NRA and California Rifle & Pistol Association submitted a joint-letter to the DOJ explaining the flaws in the regulations and demanding that the regulations be withdrawn or we would be forced to pursue legal action. 

Late on Friday, February 10, the DOJ withdrew the problematic regulations from the OAL’s consideration. It is unclear exactly why the DOJ took this action, however it can be surmised that the NRA-CRPA legal letter likely prompted the move. NRA/CRPA’s letter explains the flaws in both the content and process in which DOJ sought to adopt the submitted regulations. While the regulations have been withdrawn, the underlying statutes remain in effect and new/revised regulations will likely be submitted to OAL in the near future. 

DOJ submitted the now withdrawn “assault weapon” regulations to OAL just before New Year’s Eve as “File and Print” only, meaning DOJ took the position that the regulations were exempt from public comment and should simply be published -- as is.  The regular rulemaking process in California (i.e., the Administrative Procedures Act (APA)), requires State agencies to provide at least 45 days for public comment on any regulation.  DOJ claimed an exemption to the APA as a result of specific language in the recently enacted “assault weapon” statute specifically pertaining to the actual registration process. Contrary to the limits of the exemption contained in the statute itself, the regulations submitted by DOJ to OAL went far beyond what is necessary for the registration process and read more like a wish list from the gun ban lobby. 

Fortunately, NRA and CRPA called DOJ on this ploy and DOJ appears to be reconsidering.   

Recently the DOJ backed down from their “emergency regulations” on so called “large capacity magazines” when faced with opposition from NRA/CRPA attorneys.  Just before New Year’s Eve, the DOJ withdrew the “emergency regulations” after receiving a letter from NRA/CRPA attorneys explaining the regulations failed to meet the legal standard for emergency status. 

What happens next with either set of regulations is unclear. DOJ will inevitably craft some regulations to effectuate the new “assault weapon” law because California law requires newly defined “assault weapons” to be registered before January 1, 2018 under whatever regulations are ultimately adopted.  Now, two months into the New Year, individuals are still lacking clear criteria and guidance on how to comply with the law and register their newly defined “assault weapons.” 

Regardless of how this regulatory mess plays out, NRA and CRPA are committed to staying on top of  DOJ regulations and actively preparing lawsuits against the laws pertaining to “assault weapons,” “large capacity magazines” and many other issues impacting your Second Amendment rights in California. To help support legal efforts in California please click here.     

To learn more about the new 2017 gun laws, click here to view archived NRA/CRPA webinars. 

Check your email and www.NRAILA.org to stay up to date on DOJ’s regulations and other important firearm related issues happening in California.

 

TRENDING NOW
Declassified Document: Biden-Harris Administration Targeted Gun Owners and Second Amendment Rights Under “Domestic Terrorism” Pretext

News  

Monday, April 21, 2025

Declassified Document: Biden-Harris Administration Targeted Gun Owners and Second Amendment Rights Under “Domestic Terrorism” Pretext

On April 16, Director of National Intelligence Tulsi Gabbard made good on a promise to expose the ways in which the Biden administration had weaponized the federal government against its political adversaries by releasing the Biden-era “Strategic Implementation Plan ...

Federal Court in Massachusetts Enforces Range Access Statute in Pathbreaking Case

News  

Monday, April 21, 2025

Federal Court in Massachusetts Enforces Range Access Statute in Pathbreaking Case

It has happened before in Massachusetts: A small, hardy band of armed Americans faces off against elements of the most powerful military in the world and commits a revolutionary act that paves the way for ...

DOJ Drops Controversial NFA Charge Against Pardoned Jan. 6 Protestor

News  

Monday, April 21, 2025

DOJ Drops Controversial NFA Charge Against Pardoned Jan. 6 Protestor

Last February, NRA-ILA’s reporting exposed the case of Taylor Taranto, a pardoned January 6 protestor separately arrested on firearm charges in Washington, D.C. 

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Canadian Appeals Court Upholds 2020 Gun Bans – “Reasonable” and “Rationally Connected to a Legitimate Objective”

News  

Monday, April 21, 2025

Canadian Appeals Court Upholds 2020 Gun Bans – “Reasonable” and “Rationally Connected to a Legitimate Objective”

On March 9, when Mark Carney was selected to replace Justin Trudeau as Canada’s Prime Minister and the new Liberal Party leader, he ignored the opportunity the situation presented to jettison his predecessor’s useless and expensive “assault-style ...

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

News  

Monday, April 14, 2025

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

It’s been only a few years since the San Francisco Board of Supervisors passed a resolution calling the NRA a “domestic terrorist organization.” 

Vermont: Committee Approves Burlington Gun Ban

Monday, April 21, 2025

Vermont: Committee Approves Burlington Gun Ban

On Friday, April 18, the Vermont Senate Government Operations Committee approved S. 131, a change to the Burlington City Charter that would allow the city to ban firearms in establishments that serve alcohol.

Washington: Permit to Purchase Bill Passes Senate

Tuesday, April 15, 2025

Washington: Permit to Purchase Bill Passes Senate

On Monday, April 14th, the Senate passed House Bill 1163, the permit-to-purchase scheme, along party lines. It will now return to the House for concurrence with amendments made in the Senate. NRA members must urge ...

Tennessee: Pro-Gun Bills Advance to Governor's Desk

Monday, April 21, 2025

Tennessee: Pro-Gun Bills Advance to Governor's Desk

Last week, the Tennessee legislature passed two pro-gun bills, advancing them to Governor Bill Lee's desk for his consideration.

Legal Update: April 2025 Litigation Update

Monday, April 21, 2025

Legal Update: April 2025 Litigation Update

In the first quarter of 2025, the National Rifle Association filed three new lawsuits and five amicus briefs, while continuing to litigate dozens of ongoing lawsuits across the country.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.