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<![CDATA[Firearms Policy Coalition]]>

CalDOJ: New carry law would cost millions, can’t be implemented until 2027

August 15, 2023 by Cam Edwards Leave a Comment

The Bruen response bill filed in the California legislature would make it more expensive and a lot harder for most Californians to exercise their right to bear arms in self-defense, but it could also cost the state millions of dollars in taxpayer funds according to a new legislative analysis of SB 2.

The analysis, provided to members of the Assembly Committee on Appropriations on Tuesday, was highlighted by the Firearms Policy Coalition on X, which pointed out the financial cost to virtually every aspect of the criminal justice system.

An appropriations committee analysis for California’s Bruen response bill says that it will cost courts and local police “an unknown but significant amount,” while “DOJ reports it needs delayed implementation of July 1, 2027, to complete the required IT enhancements.” pic.twitter.com/4dCK88auvF

— Firearms Policy Coalition (@gunpolicy) August 15, 2023

Specifically, according to the analysis, the California Department of Justice believes that the costs to administer the new laws will run into the “tens of millions” of dollars. DOJ reports a cost of $9.8 million this year that balloons to $17.2 million in the fiscal year 2024-25, subsides slightly to $16.8 million in FY 2025-26, and nearly $14 million every year after that. CalDOJ says the money is necessary to “support staffing for legal challenges to the new CCW standards, updating firearms database systems, promulgating regulations, performing background checks, processing fingerprint scans” as well as undefined “other workload” created by SB 2, but those aren’t the only costs associated with the “carry killer” legislation.

The analysis also maintains that there will be “unknown but significant” costs to the court system if SB 2 becomes law, and not just because of the rash of lawsuits challenging its constitutionality that will be immediately filed if it’s signed into law. One of the provisions of SB 2 allow for those concealed carry applicants who’ve been denied to appeal that decision to a judge, and according to the committee analysis if just 500 people choose to appeal the cost would be at least $500,000.

Beyond the increased costs in the court system, the analysis found another area where there could be an “unknown but significant” amount of money spent; state and local law enforcement. The analysis says that because the concealed carry licensing process is going to be even more extensive than what it was under the state’s “may issue” regime, “issuing authorities will likely incur significant workload costs” that the state may be required to reimburse. If the state doesn’t reimburse those local departments, they’ll have to make up the budget shortfall somehow, and that could lead to fewer officers on the street or conducting criminal investigations because they’re too busy scrutinizing legal gun owners trying to exercise their right to carry.

All this just to try and get around what the Supreme Court said about the right to bear arms and to limit the number of California residents exercising their Second Amendment rights. Of course, the tens of millions of dollars in additional costs aren’t going to come from the bank accounts of California lawmakers, so I don’t expect the fiscal analysis to derail the gun control bill any more than constitutional concerns will. The anti-rights crowd is happy to let taxpayers foot the bill for their infringements, no matter how long CalDOJ says it will take for them to be implemented.

We’ll be talking with California Rifle & Pistol Association legislative affairs director Rick Travis about the onslaught of gun control bills up for debate in Sacramento later this week on Cam & Co, and SB 2 will be one of our primary topics. Be sure to tune in, and if you’re a California gun owner, make sure you’re sounding off to your own state representative and senator about the untenable costs of SB 2; not just in terms of the money involved, but more importantly the cost to our fundamental civil liberties.

Filed Under: <![CDATA[California]]>, <![CDATA[Concealed Carry]]>, <![CDATA[Firearms Policy Coalition]]>, <![CDATA[Gun Control]]>, <![CDATA[SB 2]]>, <![CDATA[Video]]>, Bearing Arms, News

Ending Chevron deference will protect the Second Amendment from abusive apparatchiks

July 31, 2023 by Ranjit Singh Leave a Comment

The United States of America is an exceptional country with an exceptional Constitution and Bill of Rights. The principles enshrined in the founding documents have been copied by several countries over the past couple of centuries. Even the Soviet Union copied American concepts in its constitution. But, as everyone knew, all those Soviet guarantees were nothing but a joke.

So, what sets America apart from all the other attempted cheap knockoffs? For that, I would like to show you this video clip of the late Supreme Court Justice Antonin Scalia (C-Span backup link):

The basic principle that underpins American Liberty is the splintering and separation of powers both “vertically” into local/state/federal governments, and “horizontally” within each level into separate legislative, executive, and judicial branches.

That principle was violated rather egregiously in a 1984 Supreme Court case Chevron v. NRDC, in which the Court created a legal test now known as “Chevron Deference.” Justia summarizes it as follows:

A government agency must conform to any clear legislative statements when interpreting and applying a law, but courts will give the agency deference in ambiguous situations as long as its interpretation is reasonable.

In other words, the Judiciary forfeits its duty to interpret laws to the Executive branch when there’s ambiguity. This is on top of the legislative branch delegating its lawmaking duties to the Executive branch. This opening allowed Executive branch agencies, which are prone to aggrandizing their power, to run amok in abusive ways.

The Supreme Court recently granted a cert petition for a case that may end up overturning the Chevron Doctrine. Loper Bright Enterprises v. Raimondo was brought by a herring fishing company and concerns monitoring costs fishermen must pay the National Marine Fisheries Service (NMFS), even though the law in question doesn’t explicitly authorize it.

Why does Chevron Deference concern gun owners and Second Amendment advocates? Just yesterday, I wrote about how the Biden Department of Education took advantage of ambiguity in the Bipartisan Safer Communities Act (BSCA) to cut off funding for schools that have archery and hunting programs.

The abuse of regulatory power can also be seen in the ATF’s arbitrary redefinition of bumpstocks as machine guns, the redefinition of unfinished frames/receivers as fully functional firearms, and the redefinition of AR pistols with braces as Short-Barreled Rifles (SBRs). 

There’s also an attempt by the U.S. Fish and Wildlife Administration to ban lead ammunition on federal lands.

Second Amendment groups have made note and are getting involved in the Loper case. The Supreme Court website shows almost 50 amicus briefs have been submitted, including those from the National Shooting Sports Foundation, Firearms Policy Coalition, and Gun Owners of America.  

The Firearms Policy Coalition’s amicus brief is a tour de force. It cites several documents, correspondences among the Framers, and several State Constitutions. Here are some highlights:

The political theorists most influential to the Founders recognized the danger of accumulating governmental powers in one body. They understood that a division of power best establishes stability and protects liberty. As the theories of Polybius, Aristotle, and Cicero developed over millennia into those of Sidney, Montesquieu, and Blackstone, they benefitted from scrutiny and experience. By the time of the American Revolution, the necessity of a separation of powers to a free and stable government was axiomatic.

The Americans’ experiences with King George III confirmed their predecessors’ assurances that an accumulation of power leads to tyranny. […] Thus, when the new states created their constitutions, they were adamant that the legislative, executive, and judicial powers be separated. […]

The United States Constitution is unequivocal in distributing and securing the legislative, executive, and judicial powers: all legislative powers are vested in the Congress, the executive power is vested in the President, and the judicial power is vested in this and inferior Courts. The independence of the branches reflects the Founders’ widely held belief that accumulating these powers in the same hands epitomizes a despotic government. 

[…] The debates over the Constitution make clear that both the Federalists and Antifederalists would have opposed the accumulation of powers that Chevron deference allows—which the Constitution neither explicitly nor implicitly permits.

After the ratification of the United States Constitution, every state that joined the Union or enacted new constitutions ensured that the legislative, executive, and judicial functions were separate and distinct. As these constitutions reflect, the separation of powers has been viewed as an inviolable principle in the theory of American governance throughout American history.

Chevron deference violates the federal Constitution’s separation of powers and thus undermines the Framers’ constitutional design. Chevron violates Article III by transferring from the judiciary to the executive the ultimate interpretative authority to say what the law is. It violates Article I by incentivizing Congress to abdicate its legislative duties and delegate legislative authority to the executive. As a result, Chevron accumulates legislative, executive, and judicial powers in a single branch of government—which the Founders considered the very definition of tyranny. Chevron should be overruled.

A case involving herring fishermen may end up protecting the Second Amendment from abusive apparatchiks. That’s the way the world sometimes works.

Filed Under: <![CDATA[Chevron Deference]]>, <![CDATA[Firearms Policy Coalition]]>, <![CDATA[FPC]]>, <![CDATA[Gun Control]]>, <![CDATA[Gun Owners of America]]>, <![CDATA[Gun Rights]]>, <![CDATA[Justice Antonin Scalia]]>, <![CDATA[Loper Bright Enterprises v. Raimondo]]>, <![CDATA[National Shooting Sports Foundation]]>, <![CDATA[NSSF]]>, <![CDATA[Second Amendment]]>, <![CDATA[Separation of Powers]]>, Bearing Arms, News

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