Sharp v. Becerra

[PowPow]

FED. JUDGE DENIES DOJ MOTION TO DISMISS SAF CALIFORNIA REGISTRATION CASE

https://www.saf.org/fed-judge-denies-doj-motion-to-dismiss-saf-california-registration-case/

Of particular interest I thought:

U.S. District Judge Morrison England, Jr., a George Bush appointee, denied the motion, noting in his 10-page ruling that, “the Supreme Court specifically recognized that a violation of procedural due process occurs when ‘it is the state system itself that destroys a complainant’s property interest, by operation of law,’ whether the state’s action “is taken through negligence, maliciousness or otherwise.”

Seems sort of like what they did with rapid fire trigger activators in MD.

 

[HaveBlue]

I thought Silicon Valley was in Ca? I heard they have people there who can spell WWW.

 

[adit]

via email from SAF:

CALIFORNIA FORCED TO COMPLY IN SHARP v. BECERRA RIFLE REGISTRATION CASE

After two years of litigation over a botched computer program to register so-called “assault weapons” in California, a settlement has been reached between the state and all parties involved, the Second Amendment Foundation revealed today.

The case is known as Sharp v. Becerra. In 2016, the California Legislature created a new “assault weapon” classification requiring registration. But there was a problem with the online registration process that prevented gun owners from actually complying before the July 1, 2018 deadline, so a lawsuit was filed by several parties including SAF, the Firearms Policy Coalition, Calguns Foundation, Firearm Policy Foundation and the Madison Society Foundation, along with several private citizens.

“Under this agreement,” said SAF founder and Executive Vice President Alan M. Gottlieb, “California must reopen the registration process for all individuals who possessed eligible firearms, and reimburse all plaintiffs. California DOJ is required to announce the re-opened registration period and provide notice to other known gun rights groups and law firms. This requirement especially applies to every person who called or emailed the DOJ to complain about being unable to register before or after the original deadline. The department must also conduct a public outreach campaign to notify the public about the reopened registration period.

“It’s fair to say our lawsuit prevented guns from being banned and confiscated, and their owners from being prosecuted,” he stated.

“The department must also accept paper submissions as an alternative,” he added, “on a form that gets the information required by the online registration process. It’s important that California DOJ under Xavier Becerra had to acknowledge its registration website was something of a disaster.

“As noted in the agreement,” Gottlieb continued, “hundreds of people actually contacted the California Department of Justice to seek technical assistance because they encountered problems trying to register online. When you consider the likelihood that many times the number of people who contacted DOJ became frustrated and didn’t contact the agency, we’re talking about a system breakdown that shouldn’t have happened. I’d call this an embarrassing loss and a huge setback for California gun control overall.

“Through this agreement,” he added, “all of the plaintiffs will recover our legal expenses and more importantly, thousands of honest California citizens will be able to comply with the law. DOJ must give gun owners 120 days’ advance notice that the system is re-opening.”

 

[fred55]

I’m hesitant to celebrate this as a win. Registration is agreed to and citizens may comply? The tax payers foot the bill for the state’s overreach. I guess fighting the registration requirement is another case? fred55

 

[adit]

I’m hesitant to celebrate this as a win. Registration is agreed to and citizens may comply? The tax payers foot the bill for the state’s overreach. I guess fighting the registration requirement is another case? fred55

It protects those who were unable to comply with CA's broken reg system.

CA sucks. Every win is a big win.

The taxpayers always foot the bill.

Assuming the federal judge overseeing the lawsuit agrees, Lee said, “the injunction will afford significant legal protections for possibly tens of thousands of gun owners.”

The deal was announced the same day the U.S. Senate confirmed California Attorney General Xavier Becerra as President Joe Biden’s health secretary. His department will pay $151,821 for the plaintiff’s attorneys’ fees and costs.

The settlement comes as a different federal judge is considering whether to throw out California’s assault weapons ban, which opponents said deprives law-abiding Californians of weapons commonly allowed in most other states.

The same judge, U.S. District Judge Roger Benitez of San Diego, last year rejected California’s attempt to require ammunition buyers to have background checks, citing extensive problems with the state’s system. That ruling is now before the 9th U.S. Circuit Court of Appeals.

https://ktla.com/news/california/ca...ssault-weapon-registration-following-lawsuit/

 

[Deep Thought]

I’m hesitant to celebrate this as a win. Registration is agreed to and citizens may comply? The tax payers foot the bill for the state’s overreach. I guess fighting the registration requirement is another case? fred55

It's certainly in the right direction! The more wins the better, even if they are small. $150k back to SAF ain't too shabby either.