FPC, SAF Sue California Attorney General Over Firearm Transfer Processing Delays

California Attorney General Xavier Becerra

California Attorney General Xavier Becerra (AP Photo/Rich Pedroncelli)

From the Firearms Policy Coalition:

Firearms Policy Coalition and Second Amendment Foundation led a coalition of plaintiffs in suing California Attorney General Xavier Becerra and his Department of Justice to challenge their unlawful firearm transfer delay policy and enforcement practice enacted earlier this year. The case, styled Campos v. Becerra, can be viewed at https://www.firearmspolicy.org/campos. The plaintiffs include two individual firearm purchasers, Firearms Unknown, a licensed dealer in the San Diego area, Poway Weapons & Gear, also a licensed dealer and indoor range in the San Diego area, San Diego County Gun Owners, Firearms Policy Foundation, and California Gun Rights Foundation.

In April, claiming reduced staffing due to COVID-19, Becerra’s Bureau of Firearms issued a new firearm transfer policy and enforcement practice. The Bureau claimed that it had the authority to conduct background checks for up to 30 days for all transactions, rather than 10 days, thereby effectively changing the State’s waiting period and background check laws by imposing up to a 30-day waiting period on all firearms transactions.

As a result of their refusal to allow dealers to transfer firearms at the end of the 10-day waiting period, the lawsuit alleges that thousands of firearm purchasers and transferees have been unlawfully prevented from being able to take possession of their firearm at the end of the ten-day waiting period. The lawsuit seeks, among other things, court orders forcing Becerra, Orick, and DOJ to stop enforcing their unlawful policy, a declaratory judgment, and attorney’s fees and costs.

“This case was filed to require the Department of Justice to comply with the State’s laws,” said Brad Benbrook, counsel for the plaintiffs.  “Those laws provide that background checks must occur within 10 days and may only be delayed in specific circumstances where a background check reveals that a purchaser may not be eligible to possess a firearm. There is no administrative burden exception that allows the Department of Justice to bend the law.  Rather, it should have figured out a way to organize its staff to comply with the law.”

“In a time of increasing unrest, Attorney General Becerra and his Department of Justice unlawfully abused their authority to unilaterally change California’s gun laws for the worse,” explained Adam Kraut, FPC’s Director of Legal Strategy. “Becerra and his regulators cannot change the laws to suit their policy preferences and convenience. The law is clear and the State must follow its own rules.”

 

Firearms Policy Coalition (www.firearmspolicy.org) is a 501(c)4 grassroots nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom.

Firearms Policy Foundation (www.firearmsfoundation.org) is a grassroots 501(c)3 nonprofit public benefit organization. FPF’s mission is to protect and defend the Constitution of the United States and the People’s rights, privileges, and immunities deeply rooted in this Nation’s history and tradition—especially the inalienable, fundamental, and individual right to keep and bear arms.

comments

  1. avatar Roger J says:

    I just checked the 2020 revised edition of Blacks Law Dictionary. The definition for ‘peaceful’ is as follows: criminal damage to property, theft, burglary, looting, arson, robbery, armed robbery, assault, aggravated assault, murder, rape, creating a catastrophe, …my fingers are tired, but there is a lot more.

    1. avatar Don from CT says:

      Can you look up the definition of “mostly peaceful”.

      Thanks.

      Don

      1. avatar Roger J says:

        Synonyms for mostly
        Synonyms

        altogether, basically, by and large, chiefly, generally, largely, mainly, overall, predominantly, primarily, principally, substantially
        Visit the Thesaurus for More

      2. avatar eagle10 says:

        “mostly peaceful” = “somewhat violent”
        😉

  2. avatar B. Zerker says:

    Just keep suing this oral-fornicating commie in perpetuity and watch nothing get done! Or get it over with and charge him with the federal felony under Title 18, USC, Sec 242 that he’s guilty of and get it over with! And do this directly with the SCOTUS per Article III, Section 2 because they have “original jurisdiction” when “a state” (on who’s behalf he’s committing these felonies) is a party to any case. When we finally get it into our heads to start throwing these high-profile usurpers into Leavenworth, it’ll send the message to all of the gun-grabbers that they can’t mess with an American’s fundamental personal right that is secured by the U.S. Constitution. NUFF F*CKIN’ SAID!

    1. avatar SteveS says:

      Do you actually think that would have any effect on these Commiefornicators? I believe not.

      1. avatar B. Zerker says:

        SteveS, We’ll never know ’til we try. There is supposed to be “equal justice under the law” in this republic. This means that the govt. has has to abide the law just as we do. There are federal laws that restrict governmental actions when it comes to violating the constitutionally secured rights of all Americans, and I say it’s about damned time we familiarized ourselves with them and started using them against those in power the act with impunity to deprive us of those rights before they have stripped them from us. If that fails, armed insurrection, just the founders discovered, will be our only option.

    2. avatar Tired of the bs says:

      Agreed but how do we go about it ? I would love to see all gov. employees and elected officials who have broken their oath of office and/or committed civil rights violations or just spit on the sidewalk pay the same price as Joe Sixpack would. Anyone got any good ideas?

      1. avatar B. Zerker says:

        Tired,
        If you’re in CA and Becerra’s actions have interfered with your free exercise of a right that is guaranteed to you by the U.S. Constitution (the Second Amendment in this case), and it’s crucial that you can prove that you personally have been damaged by his direct or indirect actions, either go to your nearest Federal (not State) Courthouse and ask the clerk for a criminal complaint form, or simply pull the form off of the internet (I haven’t gone through all of them, but there must be one for the SCOTUS because they are charged with “original jurisdiction” (obliged to hear the case first) in cases where “a State shall be Party,”. As Becerra is the Attorney General, an officer of the State, you’ll in essence be charging the State of California criminally. Name yourself as the plaintiff (get a shit-load of friends to join you in doing so) and name “Becerra, in his capacity as Attorney General for the State of California” as the defendant. On the form where it asks “Code Section”, fill in: Title 18, USC, Section 242 (Deprivation of rights secured by the U.S. Constitution), Title 18, USC, Sec. 1621 (Perjury [lying when he took his oath to defend the Constitution]) and Title 18, USC, Chapter 47, Sec. 101 (Fraud [not defending your Second Amendment right as he had sworn to do when he took his oath]). Complete the rest of the form with examples of how he’s deprived y’all of your rights and mail it off to the SCOTUS. Be sure to include a cover letter informing the SCOTUS of their sworn duty and that they are obliged to hear cases with original jurisdiction when the state is a party (Becerra being the chief law enforcement officer of the state) to a case. It’s all up to you after that because I doubt you’ll be able to find a lawyer to take the case because their allegiance is with the B.A.R. whose allegiance is with the court. Kinda funny how that goes, but it’s all there in 7, CJS, Section 4. Chuck Michel is a lawyer that might take the case, but you’ll probably have to do this Pro Se which’ll make it tough. Good luck! This example is just how I’d do it if NM ever gets as shitty regarding guns as CA has. (I grew up in Sonora, CA, but escaped in the ’90s.) If you’re interested in this kinda stuff, be sure to check out Carl Miller’s videos “Know your Constitution” on YouTube. The videos are long, but informative and worth it.

  3. avatar Mark N. says:

    Kind of late to the party, because those delays seem to have ended. I picked up a rifle Monday after waiting the required ten days. Nonetheless, the principle that the DOJ cannot unilaterally change the time line I do think is important.

  4. avatar Manual Riviera says:

    They call Trump a fascist, but they are the ones who want to take away your firearms, your right to free speech, and your right to religion.

    They call Trump a racist, but they are the ones who state you aren’t black if you vote Republican and insist on choosing college students and vice presidential nominee based on the color of their skin.

    And on and on and on.

  5. avatar Chi-Chi Montezuma says:

    When will Californians protest on Becerra’s doorstep? He’s denying constitutional rights more important than the vote.

  6. avatar Big Toes says:

    I’m a California resident. Ex US Navy and I carry TS/SCI clearances. I currently pass ATF background checks about twice per year for what I do for work.

    I’ve bought probably 15 guns in the last 10 years with about half of them getting put on random delays for no reason. Because there’s ‘ something in my background’.

    Literally waited two months for my latest CZ. Becerra/basura are you for real?

    This is straight bullshit and it’s getting worse. If you don’t reside in the ‘golden state’ of CA watch out. This is coming to you.

    1. avatar EndDangerEd says:

      Not to worry…. the same fascists/socialists are defunding the police… Always remember that it’s not illegal UINLESS YOU GET CAUGHT…. BY WHOM? The NGMF rthat made thinking outside the box illegal? Hmmm

  7. avatar LibertyToad says:

    According to IL law, IL has a max of 30 days to approve a FOID card (permission to have a gun). My wife and and daughter have been waiting for nearly 60 days. They need ro sue IL next.

  8. avatar Green Mtn.Boy says:

    So as the midnight hour approaches.Commiefornia’s Attorney General Xavier Becerra appeal the standard capacity magazine decision by the ninth circuit.
    Time for the head Commie to fish or cut bait.

    My greatest hope is he does nothing and Ca. citizens can enjoy their full God Given right and Ca. is awash in standard capacity magazines.

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