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The information found on this page is for archival and informational purposes only. Due to the age of this material, it should not be used as a legal interpretation or for legal advice of any kind. Please refer to www.CalGunLaws.com for legal information. |
Confiscation Update 
Lawsuit Filed -- Tuesday,
Dec. 14, 1999|
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TRUTANICH - MICHEL, LLP
Port Of Los Angeles
407 N. Harbor Blvd.
San Pedro, CA 90731
The NRA has retained this firm to fight the Cal DOJ's attempt to force post 3/31/92 AW registrants to surrender their firearms. We are proceeding on several fronts, and expect to file for an injunction within the next 14 days. There were approximately 16,000 guns registered by 10,000 people after the 3/31/92 date. The DOJ has determined that only about 1550 of those guns were actually "AWs."
If you receive a letter from the DOJ regarding a late AW registration (after 3/31/92) being invalid, please forward a copy of that letter, along with all other correspondence you have had with the DOJ (i.e., ALL registration submissions, all DOJ letters, etc.) and the receipts for the firearms, along with the first couple pages of the owners manual (if you have it), and your contact information so we can get a hold of you. If you registered the gun to have a criminal charge for possessing it reduced, send info on the case. If you have unique circumstances (like you tried to register the gun before 3/31/92 but they wouldn't take it, then you tried again after 3/31/92, and they did) let us know about that too.
We will file a lawsuit on your behalf. You will not be charged fees. Other explanatory information will be sent to you when we receive your information.
If you believe the DOJ letter was sent in error, i .e., you registered on time or its not on the AW list, or you are not sure if its really an AW (lots of people registered simply to be cautious), then call the DOJ Firearms program and ask them what to do. Document their response and get the name of the person you talk to and forward that info to us as well. You should consider whether to follow up with a letter to DOJ confirming the conversation. If possible, get their advice in writing.
IN THE MEANTIME, everyone please remember: The deadline for registering, selling to a licensed AW dealer (a regular FFL CANNOT buy or sell AWS), rendering the gun permanently inoperable, or taking it out of the State is 12/31/99.
DO NOT ASSUME THAT BECAUSE A LAWSUIT IS GOING TO BE FILED THAT YOU DON'T HAVE TO ACT. UNLESS YOU HEAR OTHERWISE, ASSUME THAT IF YOU HAVE THE RIFLE AFTER 12/31/99 YOU MAY BE PROSECUTED. (For that matter, a zealous DA could prosecute you now -- since the DOJ says they never had authority to register guns after 3.31.92 in the first place.) UNLESS YOU HEAR ABOUT A COURT ORDER AFFECTING THIS ISSUE, DO WHAT THE LETTER SAYS!
Questions from owners, dealers, instructors, and anyone else should be directed to the DOJ Firearms Program at (916) 227-3703. If you talk to DOJ, we'd like to hear what advice they are giving out. Some possible questions include: Can I be prosecuted right now? Can I weld the magazine into my SKS and make it "non-detachable" so its no longer an AW? How do I know if this is really an AW? Where are the state licensed AW dealers in my area? Are you going to pay me for this? I want to contest this, aren't I entitled to an administrative due process hearing?
Please do not call this office -- the volume of calls has been overwhelming. Mail us the materials and you'll hear from us. Email is okay, and faxes to (310) 548-4813 are okay too.
Sincerely,
Chuck Michel
Lawsuit Filed -- Tuesday,
Dec. 14, 1999For further information on the FIREARMS CONFISCATON in California
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