The Calguns Foundation Sues California Attorney General Kamala Harris and DOJ Firearms Bureau Chief Stephen Lindley Over Federal Civil Rights Violatio

[Subdeacon Joe]

The Calguns Foundation Sues California Attorney General Kamala Harris and

 

DOJ Firearms Bureau Chief Stephen Lindley Over Federal Civil Rights Violations

 

SAN CARLOS, CA – The Calguns Foundation filed a new federal civil

rights lawsuit this morning on behalf of three California residents,

naming Attorney General Kamala Harris and DOJ Bureau of Firearms Chief

Stephen Lindley as defendants. The case challenges the California

Department of Justice’s practice of denying individuals’ fundamental

rights protected under the Second and Fourteenth Amendments to the

United States Constitution.

The Department, through defendants Harris and Lindley, have been and

continue to enforce a policy of forbidding many gun purchasers from

taking possession of their lawfully-obtained firearms through what are

commonly referred to as “DROS delays”, sometimes for over a year or

indefinitely.

One plaintiff in the case, Darren Owen of Taft, California, has been denied his firearm for over 18 months.

“It’s the government’s responsibility to timely prove that someone

has already been adjudicated and their Constitutional right to purchase

and possess guns taken away through due process,” explained Gene

Hoffman, the Foundation’s Chairman. “It’s not the individual’s job to

prove that they have fundamental rights.”

“By shifting the burden to the individual, the DOJ is blatantly

violating the Constitution and thumbing its nose at the U.S. Supreme

Court’s D.C. v. Heller and McDonald v. Chicago decisions.”

Victor Otten, an attorney for the plaintiffs, agrees. “Our clients

are not prohibited from owning guns under state and federal law,” noted

Otten. “The bottom line is that if the DOJ cannot determine that someone

is ineligible to possess firearms in a timely manner with all of the

databases and law enforcement resources it has at its disposal, then

they have no choice but to allow our clients and other

similarly-situated gun owners to take possession of their firearms.”

Under current California law, the DOJ must permit a firearm purchaser

to receive their firearm at the end of the 10-day DROS background check

period unless it determines that the purchaser is not eligible to

possess or purchase firearms. Earlier this year, Assemblymember Tom

Ammiano (D – San Francisco) amended his bill AB 500 to allow the

Department of Justice to deny the release of firearms for up to 30 days.

AB 500 is presently awaiting California Governor Jerry Brown’s action.

“We’ve received hundreds of reports like those at issue in this case

and it’s a virtual certainty that there are thousands of others like the

individual plaintiffs out there,” said the Foundation’s Executive

Director, Brandon Combs. “The DOJ’s policy is nothing short of

outrageous.”

Continued Combs, “It’s time for the DOJ to respect the Second

Amendment. If the Attorney General and her staff refuse to do it

voluntarily, we will not hesitate to force it in the courts. In filing

this case, we seek to ensure that the Constitutionally-enshrined

fundamental rights of Californians to buy and possess firearms are

respected no matter how far Ms. Harris or Assemblymember Ammiano might

wish the DOJ’s powers extended.”

The new federal lawsuit is entitled Darrin Owen, et. al. vs. Kamala Harris, et. al. and may be viewed or downloaded at http://ia601002.us.archive.org/8/items/gov.uscourts.caed.259271/gov.uscourts.caed.259271.docket.html.

The Calguns Foundation (www.calgunsfoundation.org)

is a 501©3 non-profit organization that serves its members,

supporters, and the public through educational, cultural, and judicial

efforts to defend and advance Second Amendment and related civil rights.

Supporters may visit http://www.calgunsfoundation.org/donate to join or donate to CGF.