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California Office of Administrative Law Pushes Back

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California Office of Administrative Law Pushes Back

California is continuing its love affair with gun laws, but this time, one of its own agencies is saying the state is going too far this time.

How do you know when your law is really bad? When the Office of Administrative Law says no, that’s how. Today that is exactly what happened to the Democrat politicians in Sacramento California. I never thought I would see the day when the Office of Administrative Law actually sides with the NRA, FPC, and CRPA.

Of course we can’t have such a restrictive bill go by the wayside, so Governor Brown signed into law AB 103. AB 103 does a few things. First if you have a warrant out on a felony, or certain misdemeanors you forfeit your rights to own a firearm. As nice as this sounds to have the possibility to stop a dangerous person, you are losing a right without being charged or convicted of any crime at all. You could simply be a person of interest. Secondly, the bill extends the deadline for the bullet button ban till July 1, 2018.

Since the CA DOJ can’t seem to figure out how to actually enforce the laws, and their website isn’t even up and running, now the Office of Administrative Law appears to agree that this is burdensome and unenforceable.

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Here is the statement from the Firearms Policy Coalition:

“Today, Tuesday June 26th , 2017 was a busy day in Sacramento for Second Amendment policy and advocacy

Not only did the Office of Administrative Law (OAL) reject the California Department of Justice’s (DOJ) overly-broad and unlawful “assault weapons” regulations, the Governor signed into law a somewhat related measure; AB 103.

Due to the fact this measure was considered a “budget bill”, a legislative trick to ram through policy without the proper hearings, it takes effect immediately, which is a mixed bag for gun owners.

This means that as of today, if you have an outstanding warrant for a felony or certain prohibiting misdemeanors you may be guilty of an additional crime if you own or possess firearms.

That’s right–even if you are never charged or never convicted of the underlying offense, even if you are not even aware of the warrant’s existence you may be criminally liable for otherwise lawful possession of a firearm.

This is bad news and FPC will continue to work to get that portion fixed, but AB 103 also extends the deadline to register newly re-defined “ assault weapons” to July 1, 2018. While it is unfortunate that the DOJ has chosen the low road and has been unable to promulgate legal regulations to assist law-abiding Californians, this extension at least gives some breathing room for those who earnestly want to comply.”

Also coming up on July 1st, gun owners who legally possess normal capacity magazines which hold over ten rounds are going to be forced to turn them in with no compensation for their property. The Sacramento Bee reported some feedback from the gun community. If you guessed they will be giving the state the big middle finger you are right. Even law enforcement knows this.

“In conservative, pro-gun Redding this week, Shasta County Sheriff Tom Bosenko joked that gun owners were lining the block to hand their magazines in to the sheriff’s office (In reality, no one has turned one in). He said his deputies won’t be aggressively hunting for large-capacity magazines starting next month.

“We’re not going to be knocking on anybody’s door looking for them,” Bosenko said. “We’re essentially making law-abiding citizens into criminals with this new law.”

The idea of an Irish Democracy is becoming a reality here in California, the not so golden state.

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Daniel Silverman
About Daniel Silverman 22 Articles
Daniel is a 45-year old-husband and father to nine children in the central valley, California. He has been a conservative political activist in California since 2010. Daniel has been a contributor to blogs such as The Truth About Guns, and other new publications. The focus of his activities has revolved around gun rights within the state of California. Daniel is an active board member of Gun Rights Across America (GRAA.) His career is as an Information Security Administrator for the country’s largest winery located within the central valley.
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