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.
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.