NRA & CRPA Foundation File Lawsuit Challenging Firearm Sales “Fees”

[Al Norris]

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.

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.

[Al Norris]

In another thread CA Gov. Jerry Brown signed a bill that bans open carrying. Period.

One of the other bills he signed yesterday (Sun. Oct 9th) was AB 819. This bill goes into effect immediately and allows the CA DOJ to use the excess (or any) DROS fees for other police functions.

This so-called fee is now a tax on a fundamental right.

This will definitely help this case move along. Here's what I suspect is going to happen: The Plaintiffs will file for a preliminary injunction and motion for an amended complaint. Both will be granted.

So while the case moves forward, the new CA law will not be able to be used by the CA DOJ.

This is either a major blunder by Jerry Brown or a very slick move (which assumes he is smart enough to pander to his base, all the while knowing what is going to happen to this law)!

[CowTowner]

Never discount Gov. Jerry Brown's sneaky nature. Remember, he was the State Attorney General before being elected as Governor again.
I have no doubt he is fully aware of the legal ramifications of the actions he's taken.

[Al Norris]

Long overdue update to this case.

Back on April 4th, 2012, the case was stayed pending the outcome of Nordyke. On June 7, 2012, the case was resumed and a scheduling hearing was held on Aug. 9th.

2012-08-10 28 SCHEDULING ORDER :Initial Disclosures: 07/11/2012, Discovery Deadlines: Non-Expert: 2/27/2013. Expert: 6/27/2013. Motion Deadlines: Non-Dispositive Motions filed by 6/27/2013. Dispositive Motions filed by 8/16/2013, Pretrial Conference 11/14/2013 at 08:15 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Jury Trial 1/28/2014 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill, signed by Magistrate Judge Michael J. Seng on 08/10/2012. (Yu, L) (Entered: 08/13/2012)

01/22/2013 29 STIPULATION To Extend Discovery Cut-Off Dates and Proposed Order by Leland Adley, Barry Bauer, California Rifle & Pistol Association Foundation, Nicole Ferry, Jeffrey Hacker, Herb Bauer Sporting Goods, Inc., National Rifle Association of America, Inc., Stephen Warkentin. (Michel, Carl) (Entered: 01/22/2013)

2013-01-24 30 STIPULATION TO EXTEND DISCOVERY CUT-OFF DATES AND ORDER signed by Magistrate Judge Michael J. Seng on 1/23/2013. (Yu, L)

So the discovery of non-expert disclosures was reset to expire on April 29, 2013. The rest of the discovery dates and dispositive motions dates remain as above.