DOJ Pushes Regulations to Severely Limit Who Can Legally Train CCW Applicants
(PUBLIC COMMENTS NOW OPEN – See below for sample complaint language)
In a thuggish move aimed at thwarting Californians from obtaining training required for a concealed carry permit, the Department of Justice issued emergency regulations on December 8, 2023 and did so with limited – and an uncertain – period for public comment. Finally, and after much confusion from the state agencies in question, the public comment timeline began on the evening of December 22 and will end on Wednesday, December 27, 2023.
GOC and CRPA have been ready to punch back since December 8 with a formal response to the emergency regulations on SB 2’s expanded attempts at making the CCW process more onerous.
THIS IS NOW OUR OPPORTUNITY TO MAKE OUR VOICES KNOWN – CONCERNED CITIZENS SHOULD BEGIN TO SUBMIT COMMENTS IMMEDIATELY.
Current law stipulates that firearm safety certificate instructors shall have a certification from specified organizations, which are listed in California’s Penal Code. Given this legal power, Attorney General Rob Bonta’s Department of Justice will recognize only three of the eight categories of certified instructors, each which are controlled by the State of California: the Department of Consumer Affairs, the state Commission on Peace Officer Standards and Training, or a state-accredited school to teach a firearm training course. Both USCCA and the NRA have been removed as entities that provide certified instructor training.
Also jettisoned from the Penal Code list are instructors certified by the federal government, federal law enforcement and the U.S. military.
The impact of these proposed regulations will invalidate the ability of over 90% of CCW instructors to offer training to applicants. Because of this and other outrageous elements of SB 2, GOC and CRPA and have already begun a legal challenge to SB 2 .
IT IS URGENT THAT YOUR COMMENTS ON THESE OUTRAGEOUS REGULATIONS ARE RECEIVED IMMEDIATELY
To send a comment that will be registered, you must contact both the Office of Administrative Law and the Department of Justice Bureau of Firearms – emails below:
- Office of Administrative Law: staff@oal.ca.gov
- DOJ/Bureau of Firearms: marlon.martinez@doj.ca.gov
Send email as per the above with the following in the SUBJECT line:
OAL FILE NUMBER 2023-1222-01 E
To whom it may concern:
As a concerned citizen I am writing in opposition to the California Department of Justice’s proposed emergency regulations regarding Carry Concealed Weapons (“CCW”) Licenses for the following reasons:
- The proposed regulations are wholly unnecessary, are inconsistent with existing law and legal authority, and cannot be easily understood by those affected.
- The DOJ fails to explain how or why proposed regulations seek to massively limit CCW instructor applicants and should only be certified by one of 3 state-controlled entities. This strongly deviates from entities currently listed listed in Penal Code section 31635.
- The DOJ does not explain why the following additional certification options that are not listed in their proposal: the Director of Civilian Marksmanship; the Federal Government; the Federal Law Enforcement Training Center; the United States Military; National Rifle Association-Certified Instructor; or any entity found by DOJ to give comparable instruction.
- The emergency regulations require that CCW instructor applicants pass a “live-fire shooting qualification course on a firing range,” but fail to provide any guidance regarding who must administer this course.
- Finally, CCW issuing authorities are not required to ensure their CCW training providers are certified under these proposed regulations even if adopted. Penal Code section 26165 allows individuals who are DOJ-certified Firearm Safety Certificate instructors to provide the required CCW training.DOJ’s proposed “emergency” regulations are not exempt from the Administrative Procedures Act and otherwise fail to meet its requirements. I respectfully request that OAL reject the proposal and that DOJ make appropriate changes.