DOJ submitted the now withdrawn “assault weapon” regulations to OAL just before New Year’s Eve as “File and Print” only, meaning DOJ took the position that the regulations were exempt from public comment and should simply be published — as is. The regular rulemaking process in California (i.e., the Administrative Procedures Act (APA)), requires State agencies to provide at least 45 days for public comment on any regulation. DOJ claimed an exemption to the APA as a result of specific language in the recently enacted “assault weapon” statute specifically pertaining to the actual registration process. Contrary to the limits of the exemption contained in the statute itself, the regulations submitted by DOJ to OAL went far beyond what is necessary for the registration process and read more like a wish list from the gun ban lobby.
Fortunately, NRA and CRPA called DOJ on this ploy and DOJ appears to be reconsidering.
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