Rancho Santa Margarita, CA, and Madera, CA (April 20, 2012) – In an important step forward for gun dealers across the state, the California Office of Administrative Law (“OAL”) has accepted a petition from Cal-FFL member Franklin Armory, filed by the law firm of Davis & Associates, which alleges that the Department of Justice (“DOJ”) is unlawfully enforcing an “underground regulation” regarding the issuance of permits to sell common firearms that are in high demand.

“If a state agency issues, enforces, or attempts to enforce a rule without following the [Administrative Procedures Act], the rule is called an ‘underground regulation.’ State agencies are prohibited from enforcing underground regulations,” notes the OAL on its website. The specific alleged underground regulation prohibits corporations, limited liability companies, and other entities from obtaining the necessary permits to sell “assault weapon” or “.50 BMG Rifles.”

“We filed the petition instead of a lawsuit to resolve this matter in the most amicable manner possible,” said Jay Jacobson of Franklin Armory.  “The burden that the DOJ’s interpretation places on legitimate firearm businesses seeking to supply law enforcement and other lawful purchasers such firearms is too great to bear and contradicts the express intent of the legislature."

The DOJ has opined that only “individuals” are able to obtain permits to sell “assault weapons” or “.50 BMG Rifles”. However, the express text of Penal Code section 16970 states that “any entity” within the definition of “persons” may obtain such permits. Under the DOJ’s currently-enforced rules, a corporation or other entity is obligated to have each and every employee or agent working on or with “assault weapons” or “.50 BMG rifles” to obtain the costly permits that can take a year or more to obtain. Not only do the rules impact manufacturers and dealers with significant additional costs and delays from the outset, but businesses are also required to have any new or replacement employees undergo the same costly and time consuming permitting process.

“We have cleared the first hurdle - the California Office of Administrative Law accepted Franklin Armory’s petition challenging the DOJ ‘assault weapon’ policy,” said attorney Jason Davis. “We believe that the law is clear and that we will obtain a favorable decision for legitimate California firearm related businesses.”

“We are fully supportive of this petition and applaud Mr. Jacobson’s approach to this significant firearms industry issue,” said Cal-FFL president Brandon Combs. “Our members are often placed in the difficult position of having to decide whether and how to challenge a governmental agency that has the power to close their doors or deny discretionary business permits. Cal-FFL exists to provide the tools, information, and support firearms business owners need to make those decisions – and help them take the agency to court for remedy, if necessary.”

Cal-FFL will be filing a letter with the Office of Administrative Law on behalf of its members.

All firearms manufacturers and dealers having interest in this matter are highly encouraged to submit comments to DOJ through Cal-FFL at the following:

The Office of Administrative Law has provided the following schedule for their hearing of the petition:

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California Association of Federal Firearms Licensees (Cal-FFL) is California's premier non-profit industry association of, by, and for firearms manufacturers, dealers, collectors, training professionals, shooting ranges, and others, advancing the interests of its members and the general public through strategic litigation, legislative efforts, and education. For more information or to join Cal-FFL, please visit calffl.org.

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Rancho Santa Margarita, CA, and Madera, CA (April 17, 2012) - In opposition to a proposed gun control ordinance in the City of Pinole, California, firearms and civil rights attorney Jason Davis of the law firm Davis and Associates has submitted a letter to the City Council on behalf of California Association of Federal Firearms Licensees (Cal-FFL).

Passed on to the Council by the Planning Commission in March, the proposed ordinance seeks to effectively ban sales and the display of firearms within the city limits. It also establishes “dealer-free zones” around parks and other places, a discretionary permit system for firearm licensee applicants, administered by the chief of police, and burdensome land use and business license regulations.

“Not only are the proposed amendments and additions preempted, they are fatally flawed,” noted Davis, “[t]he provisions are written in such a manner that it violates the Second Amendment right to keep and bear arms within the home as well as the First Amendment right to free speech by barring firearms from being displayed within any premises where they can readily be seen from the outside – regardless of whether the firearms are for sale or being advertised for sale.”

“It’s perplexing that the City Council would even entertain the thought of passing unconstitutional and clearly preempted laws such as the ones before them tonight,” said Cal-FFL president Brandon Combs. “We hope they come to the reasonable conclusion that subjecting Pinole residents and taxpayers to the high costs of litigation by passing the ordinance is not in the best interests of the City.”

The Council Report and a copy of the proposed ordinance can be found at this link.

A copy of Cal-FFL’s letter to the Pinole City Council can be downloaded here. 

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California Association of Federal Firearms Licensees (Cal-FFL) is California's premier non-profit industry association of, by, and for firearms manufacturers, dealers, collectors, training professionals, shooting ranges, and others, advancing the interests of its members and the general public through strategic litigation, legislative efforts, and education. For more information or to join Cal-FFL, please visit calffl.org.

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