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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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Old 03-27-2018, 6:09 PM
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Kestryll Kestryll is offline
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Default NRA/CRPA Submit Comments on Proposed DOJ “Ghost Gun” Regs

On March 19, the California Department of Justice (DOJ) held its planned public hearing regarding proposed regulations for the implementation of Assembly Bill 857 (the so-called “ghost gun” bill). Signed into law in 2016 as part of the other “Gunmageddon” bills, AB 857 will drastically change the way in which law-abiding individuals can make home-built firearms by first requiring them to apply for and receive a DOJ-approved serial number that must then be engraved onto the firearm. What’s more, individuals who already lawfully own firearms without a serial number will also be required to obtain and engrave a DOJ-approved serial number for most firearms not already registered with DOJ.

As with most of the recently enacted changes to California’s firearm laws, the legislature left it to DOJ to enact necessary regulations for AB 857’s implementation. Unfortunately, the proposed regulations for AB 857 are riddled with serious errors and inconsistencies that, if enacted, would impose confusing and onerous requirements on California gun owners. In short, they fail to provide adequate guidance, fail to appropriately define certain terms, improperly narrow statutory exceptions, and impose unjustified costs on gun owners.

In response, NRA and CRPA attorneys submitted a letter of comment highlighting the many problems with the proposed regulations. But the proposed regulations are so defective that should DOJ make any changes, they will likely be substantial enough to warrant a second 45-day public comment period. This would mean DOJ would be unlikely to meet the July 1, 2018, deadline when the law takes effect.

At this time, it remains to be seen if DOJ will be making any changes as a result of NRA and CRPA’s comments. But rest assured, NRA and CRPA are monitoring the proposal and will notify our members of any developments.

NRA and CRPA will soon host a webinar regarding the recent changes to California law as a result of AB 857 and DOJ’s regulations if they are enacted.
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Old 03-27-2018, 6:54 PM
Uncivil Engineer Uncivil Engineer is offline
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One point I've seen many trip over but not in the letter is self serialized firearms prior to July 1, 2018. On some reading of the regulations they suggest registration is required but that issues a second searial number. This would require removing the first serial number or simply adding the second. Could those be federal crimes? Isn't registration of self serialized firearms well beyond the law?
Another issue is the method of serialization seems to assume metal construction. How could a fully polymer firearm (lower receiver) be marked in compliance? Normal use could easily damage the serial number to the point it would be illegibile.
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