• Ken Kraushaar

Doe V. Becerra

In an interesting turn of events, the Third appelate court in california has ruled in favor of Calguns and Alvin Doe in a suit against the CA DOJ. the summary from Calguns states:

"This lawsuit was filed to challenge an illegal California Attorney General / Department of Justice policy that ignores the text of state statutes and denies handgun sales to law-abiding people with both a Certificate of Eligibility & FFL03 (collector license).

Plaintiffs-Appellants argued that:

  • The DOJ’s Enforcement Policy Is Inconsistent With The Plain Meaning Of Section 27535.

  • Legislative History Confirms That The Licensed Collectors’ Exemption Applies To The Purchase Of Any Handgun.

  • Applying The Licensed Collectors’ Exemption To All Handgun Purchases Is Consistent With The Purpose Of The Statute.

  • DOJ’s Enforcement Policy Incorrectly Interprets Federal Law.

  • The Enforcement Policy Is An Invalid Underground Regulation."

What was contested was that the DOJ was inproperly interpreting the law regarding C&R holders and whether or not they should be exempt from the 30 day handgun waiting period for handgun purchases. The state's position seemed to be one in which there was an expressed desire to prevent crime, prevent handguns from getting into illegal parties' hands, etc (the same old same old), which was also shot down, because of the fact that C/R holders have gone through much more extensive background checks.

C&R licensees have to go through the same type of background checks that CFDs do (i.e. they have their FFL and they have their COE). the only difference is that they are not local dealers or state dealers (CFD), they are collectors. They are also bound by having to keep a bound book (A&D book) stating where they got the gun, and who they got it from when using their c/r for a purchase, so the case could be made even stronger by the fact that a c/r holder would actually be held to the same records standards that CFD/FFLs are in that they have to keep records for inspection as well.

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As always, stay safe and happy shooting!

Disclaimer: The views and opinions expressed on this page are strictly those of Ken Kraushaar, and not meant to be legal counsel in any way shape or form. if you need legal advice regarding firearm, please contact legal counsel who specializes in firearms law.

Ken Kraushaar is owner of Ken Kraushaar Firearms service is a certified NRA RSO, Licensed CFD, licensed FFL, and IFSA Certified Firearm Specialist. He lives and works from his shop in beautiful Sonoma County California, and has been shooting and involved in firearms for over 30 years.