California’s legislature is not only controlled by Democrats, but they have an ultra-liberal neo-com Democrat as governor AND their state Department of Justice is also run by anti-gun Democrats. That state DOJ tried to enforce an anti-gun rule on legally licensed firearms. They tried to limit all federally licensed firearm dealers who also have a state Certificate of Eligibility to sell firearms, to only being able to purchase 1 handgun every 30-days.
Two people filed a lawsuit against the rule. The California Supreme Court upheld the rule, but the 3rd District Court of Appeals ruled against the California DOJ, striking down their rule.
(Ammoland Shooting Sports News) – In a published decision issued today, California’s 3rd District Court of Appeal has issued an important new ruling striking down an illegal California Department of Justice (DOJ) gun control enforcement policy on multiple grounds. A copy of the Court of Appeal’s decision can be viewed here.
The lawsuit, filed in 2014, was brought by two individuals after the DOJ’s Bureau of Firearms sent a letter notifying firearms dealers in the state of a new enforcement policy that prevents Californians who hold both a federal firearms license and a state Certificate of Eligibility, or “COE”, from purchasing more than one handgun in any 30-day period. After nearly two years of litigation, and in spite of both the requirements of the State’s Administrative Procedure Act (APA) and legal precedents on how to interpret statutes, the Sacramento Superior Court upheld the DOJ’s policy. But the Court of Appeal ultimately found that the policy was illegal, agreeing with the plaintiffs on both counts.
“This decision stands for the proposition that Attorney General Becerra and his Department of Justice are not above the law,” explained Brandon Combs, executive director for The Calguns Foundation. “They can’t simply make up the law as they go, without following the rules or having a legal basis in the statutes. The DOJ fabricated and enforced an illegal policy and we put an end to it with this case.” …
To think that a state could limit a firearms dealer from purchasing more than 1 handgun every 30-days is absurd. Such a rule was solely intended to kill the firearm retail business and thus keep guns from being sold in the state, which would not only have hurt firearms stores, but also law-abiding citizens.