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August 26, 2011 – Attorneys for the National Rifle Association (NRA), California Rifle & Pistol Association Foundation (CRPA Foundation), Herb Bauer’s Sporting Goods, and individual Fresno residents and firearm owners have filed a lawsuit challenging the “fees” the California Department of Justice (“DOJ”) imposes on firearm purchasers. The lawsuit, Bauer v. Harris, filed in the United States District Court for the Eastern District of California (Fresno), alleges that the excessive “fees” being charged by DOJ to purchase a gun create an unconstitutional infringement on the exercise of rights protected under the Second Amendment. A copy of the Complaint is available HERE.
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The full announcement can be read
here.
The background of this lawsuit started a year ago, when the CA DOJ announced it intended to seek a regulatory decrease in its DROS fees by $5. It seems that there was a surplus in its funds (and still is), to the tune of several million dollars.
To that end, the CalGuns Foundation made an inquiry to ascertain the disposition of the fund and its balance. Several things (accounting and disposition problems) came to light in that inquiry from last year. Suffice it to say that the CA DOJ was not forthcoming. That thread is
here.
Despite the fact that this is yet another CA case, a positive judicial opinion will ultimately be precedent to affect other States/Localities where oppressive fees occur, just to acquire a firearm.