Welcome back to The Legal Brief, the show where we CRUSH the various legal myths and
misinformation surrounding various areas of the gun world.
I'm your host Adam Kraut and today we're talking about how California required gun owners to
register "assault weapons" and then wouldn't let them do it.
Earlier this month, along with a few other gun rights groups, the Firearms Policy Coalition,
and three individuals filed suit against the California Attorney General, its Department
of Justice, the Chief of the Firearms Division and various employees.
The suit was brought in relation to the recent bullet button registration fiasco that left
thousands of gun owners in a precarious legal position.
In order to understand what happened, we need a quick bit of history.
Back in 2016 California passed a number of laws in what as known as Gunpocalypse.
The Gunpocalypse is here.
Americans need to know that this is happening.
The laws would not go into effect until January 1, 2017 since they weren't emergency measures.
Prior to July 1, 2018, Californians who had firearms equipped with bullet buttons before
January 1, 2017, had the option to either register them, take them out of state, or
re-configure them as "featureless" -- lacking evil features -- by installing work-around
compliance devices in order to avoiding having an illegal "assault weapon".
Simply put, "assault weapons" could no longer be legally purchased or assembled after December
31, 2016.
For those not keeping score, that's the day before January 1, 2017.
But in order to register a firearm, a person would have to go to a DOJ web portal and complete
the registration process.
This is where things start to get silly.
Those that wanted to register their firearms found that California must have employed the
same Canadians who created healthcare.gov because the damn thing just didn't work.
Now, there's a few points that are important to bear in mind for you Californians.
Firearms Policy Coalition stated that some people might find themselves in legal trouble
due to the registration.
Why?
Because California's DOJ is using people's registration information and pictures to investigate
if they had the firearm before January 1, 2017, among other things.
And DOJ wouldn't let someone register a "featureless" firearm, even if it was an "assault weapon"
before January 1, 2017.
Merely trying to make a gun "featureless" using different parts might not comply with
the law.
Not to mention, the regulations the DOJ has been creating were only in relation to registration
but NOT criminal enforcement.
And DOJ still hasn't updated its "Assault Weapons Identification Guide," so no one knows
how California's Attorney General and 58 county prosecutors will interpret or enforce the
new laws.
The week prior to the deadline to register, those who attempted to log onto the system
were shut out by technical defects and failures of the DOJ's systems.
For some, the system would simply "time out" while attempting to access it.
Others were able to fill out some or all of the required information only to have the
system "time out" and fail when clicking the"submit" button.
This resulted in numerous registrations being blocked at the last second, even though the
person sought to comply with the process.
One of the individuals in the suit attempted to access the website over 50 times over the
course of a day without any luck.
So he was literally trying to comply and California was experiencing technical difficulties.
You know, business as usual.
When he attempted to obtain help from California's DOJ, he only received automated responses.
On July 2, the day after the deadline, he was able to reach a live person, who explained
that it was his responsibility to have registered by the deadline and that no extensions were
to be granted.
Another plaintiff never had his email inquiry responded to.
So what do you do when the Government requires you to register bullet button and then the
website becomes completely inaccessible the week prior to the deadline?
You sue the Government.
The Plaintiffs' complaint sought declaratory and injunctive relief from the court.
Declaratory relief is an order from the court which defines the legal relationship between
the parties and what their rights are in the matter before the Court.
In this instance, the Plaintiffs are asking the court to declare that the state deprived
them of due process of the law by failing to provide a working registration system and
that the defendants failed to provide a working system as required by law.
Injunctive relief is a court order that requires a party to take action or refrain from taking
an action.
In this case, the Plaintiffs are asking the court to stop the defendants from enforcing
the penalties in the statutes relating to the registration of firearms until they are
given a reasonable amount of time to register with a working system.
Let's recap this nonsense.
FPC and a few other intrepid firearms rights advocates are suing the California DOJ, among
others, because of a complete breakdown of a system meant to register "assault weapons".
The California DOJ and its cohorts are terrible at their jobs
and no one is able to comply with a law that shouldn't have been enacted in the first place
because of, "technical difficulties".
That's it for this episode, if you have learned anything from this show, help us out and hit
that like button, and share it with your friends.
Don't forget to get subscribed and if you enjoyed the video, consider supporting us
via the links down in the video description.
If you want to get more out of your TGC subscription, be sure to check out the The Gun Collective
Podcast which happens live on Thursday evenings!
And as always thanks for watching!
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