On March 2, 2015, the National Rifle Association (NRA), along with the California Rifle and Pistol Association (CRPA) and FFLGuard, submitted a letter of public comment opposing the California Department of Justice’s proposed “emergency” regulations for California’s new Firearm Safety Certificate (FSC) Program and safe-handling demonstrations.
The FSC Program, signed into law by Gov. Jerry Brown on Oct. 11, 2013, requires every individual wishing to take possession of a firearm in California to first take and pass a written test and to perform a safe-handling demonstration with the firearm to be acquired.
The letter submitted by the NRA, CRPA, and FFLGuard requests that the Office of Administrative Law not allow the Department a free pass and, like the NRA-supported lawsuit, Belemjian v. Harris, it simply seeks to have the Department open the regulations to public comment and discussion as it should have done from the beginning.
The launch of the FSC Program was abysmal, and it has been plagued with problems since it took effect on Jan. 1, 2015. The program’s many failures were the result of the Department’s refusal to meaningfully engage FFLs, certified FSC instructors, and gunowners in the creation of formal regulations for the administration of the Program. Instead, the Department unilaterally unveiled a host of generally applicable “rules,” such as requiring all certified instructors to obtain and maintain a valid Certificate of Eligibility, to submit FSC fees to the Department by major credit card only, and to access an automated, web-based system to process and issue FSCs.
With the support of the NRA, the CRPA, FFLGuard, and five individuals filed Belemjian v. Harris in the Superior Court of Fresno, challenging the Department’s actions as a violation of California’s Administrative Procedures Act (APA) and asking the court to direct the Department to formally adopt regulations for the administration of the Program in accordance with the law.
