Tuesday, January 10, 2017

California DOJ "Emergency" Magazine Ban Regulations Withdrawn

OFF THE WIRE
FPC Press Releases
BREAKING: Calif. DOJ “Emergency” Magazine Ban Regulations Withdrawn.....
SACRAMENTO, CA (December 29, 2016) — Firearms Policy Coalition (FPC) has confirmed that the California Department of Justice (DOJ) has withdrawn their proposed “emergency” regulations on large-capacity magazines.

A December 29, 2016 Office of Administrative Law (OAL) memo, sent to Attorney General Kamala Harris today, states that “This notice confirms that your proposed regulatory action regarding Large-Capacity Magazines was withdrawn from OAL review pursuant to Government Code section 11349.3(c).”

Section 11349(c) states that:

    If an agency determines, on its own initiative, that a regulation submitted pursuant to subdivision (a) should be returned by the office prior to completion of the office’s review, it may request the return of the regulation. All requests for the return of a regulation shall be memorialized in writing by the submitting agency no later than one week following the request. Any regulation returned pursuant to this subdivision shall be resubmitted to the office for review within the one-year period specified in subdivision (b) of Section 11346.4 or shall comply with Article 5 (commencing with Section 11346) prior to resubmission.

“This is welcomed news for law-abiding gun owners and the thousands of people who stood up for common-sense in their letters opposing the DOJ’s outrageous proposed regulations,” said FPC President Brandon Combs. “But make no mistake, the DOJ isn’t done with this issue. Our policy team will continue to aggressively monitor and oppose all anti-gun regulations that DOJ might dream up next.”

As part of its grassroots lobbying program, Firearms Policy Coalition recently collected and delivered to DOJ and OAL thousands of letters sent by people who opposed the proposed regulations.

Additionally, FPC lobbyist Craig DeLuz submitted a letter to DOJ and OAL, which stated in part:

    The DOJ’s Proposed Emergency Regulations discussed above are improper and cannot stand as they are untimely, unreasonable, unnecessary, inconsistent with the underlying statutes, beyond the authority of the Department of Justice to implement, and unclear.

    Accordingly, we object to the Proposed Emergency Regulations and recommend that the Department of Justice: (1) withdraw the Proposed Emergency Regulations; (2) seek sufficient public and stakeholder input through the normal Administrative Procedures Act rulemaking process; and, (3) craft appropriate, legally sound regulations without defective language.

You can read the letter of opposition sent by FPC lobbyist Craig DeLuz here.

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.