State gun owners win against restriction on sales

State gun owners are celebrating a rare victory over the California Department of Justice.

An appellate court in Sacramento ruled Thursday that the California DOJ's Bureau of Firearms overreached its powers by trying to restrict the number of handguns that can be purchased in a 30-day period by individuals licensed to collect "curio and relic" firearms.

The court affirmed the legal challenge of two licensed firearms collectors, who accused the DOJ of misinterpreting an obscure section of the state penal code and failing to comply with the Administrative Procedures Act. Doe et al. v. Becerra et al., 2018 DJDAR 1397.

Appellant counsel Bradley Benbrook of the Benbrook Law Group in Sacramento referred inquiries to a press release from the Calguns Foundation, in which he credited the court with affirming "the important principle that the state can't take shortcuts when it tries to regulate citizens."

A spokesman for Attorney General Xavier Becerra said the office is reviewing the court's decision.

The appellate court's decision will only affect a small number of firearm owners in California who are licensed to collect curio and relic firearms.

But it holds symbolic significance for attorneys who frequently represent gun owners against the the California Department of Justice.

"The significance of this case is the check that it puts on the overreaching of the California Department of Justice Bureau of Firearms," said Sean Brady, an attorney with Michel & Associates PC who represents firearm owners and advocacy groups.

Brady said gun control has grown worse for firearm owners in recent years.

He pointed to then-Attorney General Kamala Harris' decision to certify a statute that required the use of microstamping technology in handguns to help identify cartridge casings.

Brady said microstamping technology is not widely available, which means the statute effectively prevented new handgun models from being sold in California.

In 2016, an appellate court reversed a Fresno County Superior Court judge's order dismissing a lawsuit that challenged this statute. National Shooting Sports Foundation Inc., et al. v. State of California, F072310 (Cal. App. 5th Dist. Dec. 1, 2016).

But according to Brady, the state's aggressive and inconsistent treatment of firearm regulations has created a litigious environment for gun owners.

He cited a lawsuit he's involved in that was filed by the National Rifle Association and the California Rifle and Pistol Association. The suit challenges recently enacted assault weapon regulations -- specifically the ban on selling or possessing firearms equipped with magazine locking devices known as "bullet buttons." Villanueva, et al. v. Becerra, 17CECG03093 (Fresno Super. Ct., filed Sept. 7, 2017).

According to Brady, this lawsuit was triggered by California's DOJ and Office of Administrative Law promulgating regulations without abiding by the Administrative Procedure Act, which requires public input.

Brady said gun owners are alarmed by the DOJ's repeated attempts to over regulate.

"Lawful gun owners are just saying, 'Make the rules clear, we'll abide by them,'" Brady said. "And the bureau just makes things complicated and difficult."