The lawsuit claims that new rules are unlawful
In many respects, California is leading the way in regulating guns, particularly when it comes to so-called assault weapons. A new law will require anyone who owns these high-powered guns to register the firearms with the state by June 30, 2018. In fact, the California Department of Justice’s Bureau of Firearms even has a clock on its website that is counting down to the day that Californians must register their weapons with the state.
However, a gun rights group in Riverside County, Calguns Foundation, hopes to stop that clock with a lawsuit. According to a recent lawsuit filed by the group, the California Department of Justice (DOJ) did not go through the proper regulatory process after the gun laws were passed last year.
The law, enacted as SB 880, broadened the definition of assault weapons in California. It now includes semiautomatic rifles with detachable magazines, and any gun that can carry more than ten rounds in a nondetachable magazine. Under the law, which was signed by Governor Brown in 2016, anyone who owns such a weapon must register it with the state by June 30. According to a Riverside criminal defense attorney, failure to register may bring with it serious criminal penalties.
Although many lawsuits against SB 880 have focused on whether it violates gun owners’ Second Amendment right to bear arms, Calguns Foundation’s suit instead claims that the state failed to follow the proper rule making process under the Administrative Procedure Act. The Act requires state agencies to follow a specific process “to ensure that regulations are clear, necessary and legally valid.” It remains to be seen whether this lawsuit will be successful.
While the legal battles rage on over the various gun laws California has enacted in recent years, it is wise for anyone who owns an assault weapon or any other gun to consult with an experienced Riverside criminal defense attorney to determine if the weapon is in compliance with current California law. These laws are highly technical, and subject to change by courts as different groups bring lawsuits to attempt to invalidate them. Because violating a California gun law, particularly one relating to assault weapons or rifles, is a serious criminal offense, it is wise to talk to a Riverside criminal defense attorney about your options. For example, felony possession of an assault weapon can result in up to three years in county jail and a maximum $10,000 fine. If you violate the California Penal Code related to assault weapons and rifles, you will lose your right to possess firearms. That is why it is so important to know your rights — particularly when it comes to the new and changing laws on firearms in California.
At the Chambers Law Firm, we are dedicated to staying abreast of the latest developments in gun laws. You can count on our Riverside criminal defense attorneys to advise you of your rights and counsel you appropriately. If you are charged with a crime related to gun ownership, we will skillfully defend you. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial appointment and learn more about how we can help you.
