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A group of California gun owners are suing the state’s attorney general and the state’s Department of Justice for delaying the sale of firearms beyond “what is authorized by law” during the coronavirus outbreak.
The plaintiffs in the case consist of individual gun owners, several gun retailers in San Diego County as well as state-wide and national gun rights organizations.
They claim “hundreds” if not “tens of thousands” of gun buyers were delayed beyond a state-mandated 10-day waiting period in purchasing their firearms starting when the coronavirus outbreak began.
In April, California began taking steps to mitigate the coronavirus outbreak. That’s when the state’s DOJ sent notice that approval of gun purchases would be delayed up to 30 days because of reduced staffing, citing the Emergency Services Act, according to the plaintiffs.
During that same month, plaintiff Mauro Campos says he applied to buy a handgun in Oceanside, Calif. Mauro is a state-certified firearms instructor and has guns registered with the state’s Automated Firearms System. After 18 days, the transaction was approved.
Plaintiff and first-time gun buyer Skyler Callahan-Miller says he went into the same store during April and applied to purchase a firearm. His purchase was approved 15 days later.
Plaintiffs say the California’s DOJ never notified them of the delay and the application remained as “pending” in the system beyond the statutory 10-day period.
“At the conclusion of that 10-day period, DOJ’s own regulation provides for only three possible outcomes – the application is approved, denied, or delayed,” according to the lawsuit.
Plaintiffs say parts of the law relating to gun-buying and the 10-day waiting period are still in effect.
“The Governor did not suspend Penal Code section 28220, likely because it would have invited a wave of litigation over whether an extended 30-day (or more) delay violates the Second Amendment.”
The 10-day waiting period for gun owners and their firearms purchases allows, in part, for the California DOJ to conduct background checks.
It requires dealers keep records of each sale through a system, known as the Dealer Record of Sale Entry System, that tags transactions as pending, approved, denied or delayed.
Plaintiffs allege the state of California is using this system to slow down gun owners from buying firearms.
“Defendants have used the DES system to delay transactions by preventing dealers from delivering firearms to purchasers,” plaintiffs said.
Plaintiffs argue transactions can only be in a “delayed” status past the 10-day window if they meet certain requirements. They claim the relevant penal code can only be applied if the buyer has a criminal record, mental health record or has already purchased a gun in the last 30 days.
“Under Section 28220(f), DOJ has authority to delay a firearm transaction beyond the 10-day waiting period only in three limited and expressly enumerated circumstances,” plaintiffs said.
California law requires gun owners to be crosschecked with state and federal databases. Plaintiffs say 20% of these applications are approved on the first day. Furthermore, plaintiffs allege that the DOJ is required to “immediately notify the dealer” of the reason and inform the purchaser about the delay.
“By impermissibly delaying the ability of responsible, law-abiding Californians to take possession of firearms, Defendants have failed to perform their duties, violated California law, and violated the rights of legally eligible California firearm purchasers and transferees,” the gun owners said.
Furthermore, the gun owners allege that the state of California is using it’s electronic system “and the COVID-19 pandemic as an opportunity to undermine and restrict citizens’ access to firearms in violation of California’s statutes and regulations governing firearm Transactions.”
The pandemic saw record sales of guns in the U.S. with 3.7 million background checks in March, USA Today reported. The FBI’s National Instant Criminal Background Check System blocked 23,692 gun sales that same month, according to Politico. By comparison in March 2019, there were 823,273 checks with some 9,500 denials.
Among the plaintiffs in this case are four gun rights groups: San Diego Gun Owners, The California Gun Rights Foundation, Second Amendment Foundation, Inc., Firearms Policy Foundation and the Firearms Policy Coalition, Inc.
Two gun retailers out of San Diego County are also listed as plaintiffs: Firearms Unknown and Poway Weapons & Gear and PWG Range.
Have you experienced delays in purchasing a gun? Let us know in the comments below.
The plaintiffs are represented by Bradley A. Benbrook and Stephen M. Duvernay of Benbrook Law Group PC.
The Gun Owner Rights Lawsuit is Mauro Campos, et al. v. Xavier Becerra, Attorney General of California, et al., Case No. 37-2020-00030178-CU-MC-CTL, in the Superior Court of California, County of San Diego.
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47 thoughts onCalif. Uses Coronavirus Outbreak To Delay Firearm Buys, Gun Owner Lawsuit Says
Bought 2 pistols from turners on the third purchase delayed then undetermined. My father was also buying a rifle from big5 during my 10 day cool off period also delayed undetermined because same address. The doj is redflagging multiple gun buyers that use ffl dealers that if undetermined wont relinquish the firearm causing them to reapply and suggesting livescan in the delay letter sent to the gun buyers. Does turners outdoorman know that the doj is knowingly delaying undetermining people for profit and political bias on law abiding citizens under the excuse of covid and then once undetermined local law enforcement is notified under new laws giving then your address to come check on you
I am currently waiting to hear if my delay is approved or not it’s been 7 days since the 10 day waiting period . I don’t understand I have purchased several weapons and have a valid CCW .
I’m going through the exact same thing right now. I’ve lived in Kalifornia for 53 years, I have a current X-41 CCW from Kalifornia as well as 3 other states, I’ve never had a single ticket and I have had dozens of DOJ,DOD and FBI background checks over the years as well as 3 since November of 2022. I’ve purchased 5 weapons “2 handguns and 3 longguns” in the last 4 months. So I go into the Sportsmen’s warehouse and I see a used Marlin model 60 .22 just like one I had back in the 70’s and I had to have it. This was on 1-22-2023 DROS sent that day. Two days later I was in the same store and I see a used but mint condition Ruger mini 14 ranch at a great price so I had to buy it. My salesman how sold me the .22 helped me with the sale, said to me “did the store call you about your “Delay Status on the .22?” Firstly I replied, what does that mean? His response “ I can’t tell you” ok?!?!? I then proceeded to purchase the mini 14. Two days later I received a letter from the DOJ stated that there may be another 6’-1” bald white guy in Kalifornia that’s prohibited from purchasing a firearm or you my have stolen a gun wtf! The crazy thing is, the date of the notice of delayed letter was dated the same day as my purchase of the .22. So spoke the the manager of the Sportsmen’s Warehouse and asked him if there was a delay on my second purchase and he said no, not at this time, I asked if I get a release on the mini 14 and not on the .22 can I still pick up the mini 14 and the store’s position is no. Sportsmen’s Warehouse’s policy is that even if a husband and wife purchase a weapon in each of their names separately but at the same time and one of the spouses doesn’t not pass the background check the store will not release the weapon to the spouse that passed because they live at the same address. This is so crazy. Time to move to Florida
Well…..this appears to be a somewhat older thread.
Sorry to say , the delays continue.
I’ve purchased MULTIPLE guns in the state over many years.
Never had any issues with background check. Until Now!
My FFL received a letter within his dealer system 7 days after I submitted my DROS. DOJ says I’m delayed. All the same reasons listed by others here.
They cannot decide if I’m prohibited or not or they cannot decide that my BRAND NEW PISTOL is somehow stolen.
Now on day 21
BTW – Hey folks….the Second Amendment is a RIGHT not a privilege.
Good luck to everyone here
August 21 was my first posting. Updating that going into month 4. Good luck finding a lawyer or even legal council. FFL Dealer unresponsive, CDOJ – well good luck with that.
Seems my $5000 Colt SAA purchase has disappeared. Such a con game.
Who’s the seller? Gunbroker involved? Turners in Calif?
I purchased my first firearm sep 3rd. I was notified at 9 days that I was delayed. I received a letter saying that a livescan would speed up the process.Well, that was a waist of time and money. Oct 3 will be 30 days. The store said if the DOJ can’t decide by then, it was at their discretion. You know that outcome. They keep the gun a 35% of what I paid… total BS