July 18, 2017 | 0 Comments

California struggles to implement new gun-control laws

“California has faced a number of setbacks in implementing the state’s latest gun-control measures, causing a number of deadlines to be pushed back and leaving some measures in legal limbo.

After passing laws that expand the definition of “assault weapon” and make it illegal to possess gun magazines capable of holding more than 10 rounds of ammunition, the state is facing myriad problems in trying to enforce the new laws. The first trouble came when the California Department of Justice (DOJ) attempted to draft their plan to register all of the rifles in California which have “bullet button” reloading devices and other rifles that would fall under the state’s expanded assault weapons ban. On June 26, the Office of Administrative Law (OAL) determined that the DOJ had improperly sought to avoid the public comment period on the plan. That caused the deadline for registration to be pushed back six months.

Then, on June 29, a federal judge issued a preliminary injunction blocking the enforcement of the state’s gun magazine confiscation plan.

“The regulation is neither presumptively legal nor longstanding,” U.S. District Judge Roger T. Benitez said in his ruling. “The statute hits close to the core of the Second Amendment and is more than a slight burden. When the simple test of Heller is applied, a test that persons of common intelligence can understand, the statute is adjudged an unconstitutional abridgment.”

Another troubled part of California’s new gun-control regime is a plan to require all ammunition sales be done through specially licensed dealers. By July 1 those who wanted to apply for the license to sell ammunition were supposed to be able to apply online, and the DOJ was supposed to have an online database of licensed dealers up and running. Neither the online license application portal nor the seller database were up and the regulations governing the licensing process were just made public on Monday.”