California is having difficulty implementing its new gun control legislation, the Free Beacon’s Stephen Gutowski reports.
“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.”
On June 29th, a federal judge issued a preliminary injunction blocking California’s plan for confiscating the gun magazines.
“The regulation is neither presumptively legal nor longstanding,” U.S. District Judge Roger T. Benitez said of 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.”
Additionally, California’s plan to require all ammunition sales be done through “specially licensed dealers” also failed. By July 1 Vendors looking to apply for the license to sell ammunition were supposed to be able to apply online by July 1st, while the Department of Justice was in charge of establishing an online database of licensed dealers. The online license application portal and the seller database were not posted in time, and the regulations surrounding the licensing process were only made public on Monday. This will likely delay the process by several months, although it will be illegal to purchase ammunition from anyone without the nonexistent license on January 1, 2018.
Brandon Combs, President of the Firearms Policy Coalition, told the Free Beacon the complexity of the measures is what prevents the state from carrying them out effectively.
“California governor Jerry Brown, Gavin Newsom, and the state’s legislature have created a system of gun-control laws that are so complicated and so full of problems that the attorney general and thousands of DOJ lawyers can’t figure out how to make them work without illegally creating new regulations,” Combs said. “I think that a number of things are contributing to the delays, including the fact that DOJ doesn’t really want people to exercise their right to keep and bear arms. They don’t prioritize civil rights, especially ones they don’t like.”
Combs said he it may take California years to figure out how the gun-control measures can be enforced.
“I think that California’s gun-control laws have finally become so complicated that we’re now in probably a two- to three-year period of the state trying to figure out how to clean up the mess it made and make the laws enforceable,” he said. “These delays are really just a symptom of how insanely overbroad and complicated the system has become.”
Combs argued that the complexity of the laws hides the true intentions of California’s legislators.
“Really, all of this is just layering lipstick on the gun-control pig,” Combs added. “It’s not that difficult to ban guns or people, but they are trying to do it in a way that makes it look like they are not. So, delays like this is what you get when gun-control proponents can’t help but be dishonest about the laws they’re passing.”
Jordan Stein, Director of Communications for Gun Owners of America, told The Resurgent that California’s failure is no surprise.
“It’s no surprise that California is having a difficult time implementing gun control,” he said. “These laws will only be ignored by criminals and will continue to leave law-abiding citizens helpless. California already has some of strictest gun control in the country, and their gun control efforts have failed repeatedly, as shown tragically in the San Bernardino shooting.”