Opinion
Last Friday, the California Department of Justice released emergency regulations pertaining to the State’s overhaul of the CCW program as prescribed in Senate Bill 2, signed earlier this year and set to go into effect on January 1st, 2024. Most notably, the regulations remove NRA Certified Instructors as eligible to teach qualifying concealed carry classes in the state moving forward. This is a clear move by DOJ and the state to limit the training courses available to those wishing to lawfully carry a concealed firearm in the state. NRA is a leader in firearms training and NRA certified firearms instructors have long been recognized as an acceptable training certification as prescribed in Cal Pen Code 31635. However, DOJ has taken the language in SB 2 that allows them to either accept instructors as called for in the penal code or by “‘regulation” and interpreted it in such as fashion that it somehow gives them unilateral authority to narrow the available options below what is called for in statute. They have done this by limiting certification for CCW instructors to the following:
(1) Bureau of Security and Investigative Services, Department of Consumer Affairs, State of California-Firearm Training Instructor;
(2) Commission on Peace Officer Standards and Training (POST), State of California Firearms Instructor or Rangemaster; or
(3) Authorization from a State of California accredited school to teach a firearm training course.
The proposed regulations are bound to have a detrimental impact on law-abiding citizens by limiting available training options and potentially driving up the cost of training. Because of the “emergency” nature of the regulations, those wishing to comment only have 5 working business days to submit comments. Those desiring to submit comments must do so by December 15th. For additional information on submitting comments, please click here or see below:
SUBMISSION OF COMMENTS
Government Code section 11346.1, subdivision (a)(2) requires that, at least five working days prior to the submission of the proposed emergency action to the Office of Administrative Law (OAL), the Department provide a notice of proposed emergency action (Finding of Emergency) and proposed text to every person who has filed a request for notice of regulatory action with the Department. After submission of the proposed emergency regulation to OAL, OAL shall allow interested persons five calendar days to submit comments on the proposed emergency regulation as set forth in Government Code section 11349.6.
The Proposed Text of the emergency regulation and the Finding of Emergency are posted on the Department’s website at https://oag.ca.gov/regulations.
The Department plans to file the emergency rulemaking package with OAL at least five working days from the date provided at the top of this notice. If you would like to comment on the Finding of Emergency or the proposed text, those comments must be made in writing only, must contain a notation that identifies the emergency regulation to which they relate, and must be received by both the Department and OAL within five calendar days of the Department’s filing with OAL. The Department may respond to comments at its discretion.
Send comments simultaneously to:
Quentin Farris
Department of Justice
P.O. Box 160487
Sacramento, CA 95816
(916) 210-2377
bofregulations@doj.ca.gov
and
Office of Administrative Law
300 Capitol Mall, Suite 1250
staff@oal.ca.gov
Please stay tuned to you inbox and www.nraila.org for updates concerning your Second Amendment Rights.
About NRA-ILA:
Established in 1975, the Institute for Legislative Action (ILA) is the “lobbying” arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess, and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution. Visit: www.nra.org
