Originally Posted by MonsterMan
I think the fact that they still haven't updated the AW information on the DOJ BOF website is an "underground regulation". It still has "series" info and lots of stuff that doesn't apply anymore. Why don't we go after that?
Great point, MM.
Allison states in her 9-29-08 response to Mike Badella that "The DOJ has never had the legal duty or authority to approve
a rifle, shotgun, or pistol for sale in the state on the basis that the firearm is not an assault weapon."
This is patently incorrect. The DOJ/Attorney General is the constitutionally instituted chief law enforcement agency/Officer in the State of California. As such, the Attorney General of California and his Deputies at the DOJ are affirmatively charged under the California constitution to enforce the firearms laws of this state. That would explicitly charge the DOJ with the absolute duty to approve or disapprove
the commercial sale of any and all firearms on the basis of whether they are statutorily defined "Assault Weapons" or not.
Her newly created "disclaimer" on behalf of the DOJ is absolutely disingenuous considering the fact that she
has issued numerous public opinions approving
the sale and purchase of "unlisted" properly configured "Harrot" firearms pursuant to her authority
as Deputy Attorney General and head of the BoF.
She also says that "Under current law, DOJ has the duty to prepare the Assault Weapons Guide and distribute the guide to law enforcement".
First off, implicit in that duty (to prepare the guide) is the affirmative duty to ascertain whether any and all firearms sold are approved or disapproved for commercial sales in this state so that law enforcement can properly determine through use of the "Assault Weapons" guide whether violations are occurring or not.
Secondly, if that is in fact the duty of the DOJ as she admits, then someone up there at the DOJ/Bof is grossly derelict in their constitutionally mandated legal duties because the "Assault Weapons" guide is fundamentally erroneous in numerous respects. The result of this dereliction of duty is that tens of thousands of otherwise law abiding citizens are being wrongly placed at risk of losing their personal liberty and property.