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View Full Version : What about a Writ of Mandate?


DSA_FAL
04-12-2006, 12:22 PM
Since the Roberti-Roos legislation apparently says that the DOJ shall perform the updating of the list, why doesn't someone go to court and ask them to issue a Writ of Mandate to compel the Attorney General to update the list?

bwiese
04-12-2006, 1:06 PM
Because, simply, it doesn't say that.

*If* the gun is declared to be an AW - or formally identified as a "series" member - and is to be banned *then* it must be publicly listed and promulgated and a reg period opened, etc. There is nothing to force them to identify new items as series members though except bad publicity.

Gregas
04-12-2006, 1:41 PM
*If* the gun is declared to be an AW - or formally identified as a "series" member - and is to be banned *then* it must be publicly listed and promulgated and a reg period opened, etc. There is nothing to force them to identify new items as series members though except bad publicity.
One could argue that the DOJ in several of their letters has already identifed certain receivers as AR series members. Can they publicly identify them as AR series member and then not listed them?

They always make their declarations in conjuction with the vuage 58 DA threat. Wasn't one of the major points of the Harrott decision that it should not be left up to cops, courts, bubbas or DAs, that the DOJ shall promulagate a list? There should be no ambiguity.

They have stated clearly (for at least some make/models) that these are AR series weapons. Therefore, they must list them. Not listing them but threatening prosection based upon various DAs interperations goes directly against the Harrott decision.

FABIO GETS GOOSED!!!
04-12-2006, 2:35 PM
Good question and it was one that was in the back of my mind when posting in the other thread about whether the DOJ is required to list series AWs, or whether they have discretion in this regard. What would be the harm in advocating that the DOJ does have a duty to update the list of series AWs? Would that undermine other arguments? (I haven't thought this one through yet.)