July 13th, 2018

Second Amendment Foundation Sues California State DOJ

CA Gun bullet button assault rifle registration
Graphic courtesy The Daily Shooter YouTube channel.

The Second Amendment Foundation (SAF) has filed a lawsuit against the California Department of Justice and Attorney General Xavier Becerra, seeking an injunction against the agency for failing and refusing to establish a properly functioning Internet-based firearms registration system.

Joining SAF in this legal action are the Calguns Foundation, Firearms Policy Coalition, Firearms Policy Foundation and three private citizens. The lawsuit was filed in Shasta County Superior Court.

“We’re suing because California DOJ’s Firearms Application Reporting System (CFARS) broke down during the deadline week for people to register their firearms in accordance with new state laws,” said SAF founder and Executive Vice President Alan M. Gottlieb. “For a whole week the system was largely inaccessible. People who wanted to comply with the law simply couldn’t and now they face becoming criminals because they couldn’t do what the law requires.”

The lawsuit notes that during the week of June 25-30, which was the statutory registration deadline, the CFARS system was inaccessible and inoperable on a variety of web browsers across the state. Many users who were able to initially log in and begin the process could not finish because the system crashed, obliterating all of their work. The CFARS system was substantially underfunded and understaffed from its inception, Gottlieb noted.

“It’s like a bad version of ‘Catch-22’,” Gottlieb observed. “The government required registration by the deadline, but the online registration failed and people couldn’t register. They’re required to obey the law, but the system broke down, making it impossible to obey the law. Now these people face the possibility of being prosecuted. We simply cannot abide that kind of incompetence.”

“Attorney General Xavier Becerra seems to care about everything but the constitution, the rule of law, and law-abiding California gun owners,” said FPC President Brandon Combs. “If Becerra spent as much time doing his job as he does talking about his pet crusades against the federal government, hundreds of thousands of Californians would not be in legal jeopardy right now.”

“Predictably the state of California wants to take guns away from the law abiding. In this instance they couldn’t even build a working system to respect gun owners’ rights,” explained CGF Chairman Gene Hoffman. SAF and its partners want the court to prevent DOJ from enforcing the law to allow individual plaintiffs and other citizens in the same situation to register their legally-possessed firearms through a “reliable and functional registration system.”

CA Gun bullet button assault rifle registration

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Permalink Bullets, Brass, Ammo, News 2 Comments »
May 9th, 2013

Major Drop in Gun Crime Not Understood by American Public

more guns less crimeA recently-released study by the Bureau of Justice Statistics (BJS) establishes, without a doubt, that serious gun crime has dropped dramatically in the last twenty years. The BJS Report showed a 39% decline in gun murders from 1993 to 2011 plus a 69% drop in non-fatal gun crimes.

In fact, according to the L.A. Times: “In less than two decades, the gun murder rate has been nearly cut in half. Other gun crimes fell even more sharply, paralleling a broader drop in violent crimes committed with or without guns. Violent crime dropped steeply during the 1990s and has fallen less dramatically since the turn of the millennium.”

A separate independent study by the Pew Research Center, affirms that “National rates of gun homicide and other violent gun crimes are strikingly lower now than during their peak in the mid-1990s, paralleling a general decline in violent crime[.] Compared with 1993, the peak of U.S. gun homicides, the firearm homicide rate was 49% lower in 2010, and there were fewer deaths, even though the nation’s population grew. The victimization rate for other violent crimes with a firearm — assaults, robberies and sex crimes — was 75% lower in 2011 than in 1993.” The PRS findings were based on CDC data (for gun homicides) and on U.S. Justice Department data for “non-fatal victimizations”.

Pew Research Center

Ignorant Americans Believe Gun Crime is Rising
Ironically, though it is absolutely clear that serious gun crime has dropped while gun ownership has increased, the majority of Americans believe that gun crime is on the rise. According to a survey by the Pew Research Center, the majority of Americans believe that serious gun crime is on the rise.

A recent Pew Research Center survey asked the question: “Compared with 20 years ago, has the number of gun crimes in America gone up, gone down, or stayed the same?” Among those surveyed, 56% said gun crime had gone up, 26% said it had stayed the same, and 12% said it had gone done. 65% of women said gun crime has gone up compared to 46% of men.

As to why most Americans don’t understand that gun crime has gone down, one can only speculate. Certainly, the way firearms-related subjects are reported by the mass media may play a role in confusing the general public.

We recommend that you read the Overview of the Pew Research Center Study, which presents many interesting (and thought-provoking) points. After “crunching the numbers”, the Pew researchers analyzed why gun crime rates have declined so dramatically over the last two decades. A variety of factors are discussed, including demographic changes, increased policing, and tougher laws.

Permalink News 2 Comments »
March 26th, 2013

Fed DOJ Invests $20 Million in Firearms Backgound Check Systems

The Justice Department’s Office of Justice Programs (OJP) is planning to spend more than $20 million to strengthen the firearm background check system by improving states’ abilities to share information with the National Instant Criminal Background Check System (NICS). Attorney General Eric Holder stated: “The Department of Justice intends to take immediate and effective action to work with states to fill gaps in information currently available to the NICS system.”

OJP’s Bureau of Justice Assistance (BJA) and Bureau of Justice Statistics (BJS) are providing three grants to support state efforts to improve flow of the information needed by NICS. The grants would be used to improve access to and reporting of: 1) mental health information; 2) felony convictions; 3) misdemeanor domestic violence convictions; and 4) domestic violence restraining orders. The project also hopes to get immediate access to active felony and misdemeanor warrants. The grants will support enhancements to electronic submissions of fingerprints to state and federal systems as well as linking of arrest and disposition. Funding will be provided under National Criminal History Improvement Program (NCHIP), NICS Act Record Improvement Program (NARIP), and a new initiative called, Improving the Completeness of Firearm Background Checks through Enhanced State Data Sharing. CLICK HERE for more info on the new Background Check Data Sharing Programs.

Permalink News No Comments »
December 17th, 2012

New Book on California Gun Laws Released

The California Rifle & Pistol Association (CRPA) has released an important new book: California Gun Laws: A Guide to State and Federal Firearm Regulations. Written by CRPA/NRA attorney C.D. Michel, this new resource has just arrived from the printers and should start shipping this week. Price is $27.13.

California Gun Laws Attorney MichelGun owners who live or do business in California should strongly consider purchasing this 320-page book. California gun laws are complex and confusing. There are over 800 California state statutes regulating the manufacture, distribution, sale, possession, and use of firearms. There are thousands of overlapping federal laws regulating firearms that apply in California. And there are hundreds of administrative regulations, local ordinances, and California Department Justice Firearms Bureau written and unwritten policies that also apply.

On top of the already byzantine regulatory scheme, on January 1, 2012 California firearm laws were completely reorganized and re-numbered. Because of the complexity of the laws, and the recent statute number changes, inadvertent gun law violations by well-intentioned citizens are increasingly common. In the politicized legal environment of California “gun-control” laws, the consequences of even an inadvertent violation can be severe.

With all the overlapping regulations, it’s no wonder that confusion runs rampant among California gun owners, as well as among police, prosecutors, and judges. To protect yourself, you need to know the law. This book will help. California Gun Laws tells you how to legally buy, own, transport and possess firearms, and explains how you get your firearms or firearm rights back if they are taken away. The book warns about common legal “traps” that may ensnare California firearm owners.

CLICK to Order: California Gun Laws: A Guide to State and Federal Firearm Regulations.

California Gun Laws Attorney MichelAuthor Profile: C.D. (Chuck) Michel is an attorney with 20 years of experience representing the National Rifle Association (NRA) and California Rifle & Pistol Association (CRPA), as well as firearm manufacturers, wholesalers, retailers, and gun owners, Michel has been litigating civil and criminal firearm cases since 1991, many of which were high profile and attracted state and national media attention.

Permalink New Product, News 2 Comments »