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The Due Process and Takings Implications of Typographical Errors in California’s “Assault Weapons” Legislation: A Case Study of the Steyr AUG – NOW AN “ASSAULT WEAPON”

The Due Process and Takings Implications of Typographical Errors in California’s “Assault Weapons” Legislation: A Case Study of the Steyr AUG – NOW AN “ASSAULT WEAPON”

The Due Process and Takings Implications of Typographical Errors in California’s Assault Weapons Legislation: A Case Study of the Steyr AUG Abstract California’s “assault weapons” legislation, originating with the Roberti-Roos “Assault Weapons” Control Act of 1989 (AWCA), codified in Penal Code § 30510, employs a list-based approach to prohibit specific firearms by name and model. This article scrutinizes a longstanding…read more →

5 Nov, 2025
Understanding California’s Penal Code Section 29860: Relief from Firearm Prohibitions for Retroactive Bans

Understanding California’s Penal Code Section 29860: Relief from Firearm Prohibitions for Retroactive Bans

In California’s complex landscape of gun control laws, Penal Code Section 29860 stands out as a provision designed to offer a measure of fairness to individuals caught in the web of evolving firearm restrictions. This section allows certain people prohibited from owning firearms due to misdemeanor convictions to petition for relief—but only under specific circumstances. As gun laws continue to…read more →

24 Oct, 2025
Victory for Second Amendment Rights in Alameda County: A Detailed Look at a Landmark CCW Challenge

Victory for Second Amendment Rights in Alameda County: A Detailed Look at a Landmark CCW Challenge

In another victory for our constitutional rights, the Superior Court of California, County of Alameda, located at the Hayward Hall of Justice, recently ruled in favor of John Doe in his challenge to the Livermore Police Department’s denial of his concealed carry weapon (CCW) license. This decision, issued on October 8, 2025, under Penal Code Section 26206, marks a significant…read more →

22 Oct, 2025
Step-by-Step Explanation of California’s Firearm Background Check Process for 2025 in Plain English

Step-by-Step Explanation of California’s Firearm Background Check Process for 2025 in Plain English

The firearm background check process in California is a careful, multi-step system designed to make sure only people who are legally allowed to own or possess guns can buy them. It’s run by the California Department of Justice (DOJ) through their Bureau of Firearms (BOF), specifically the Background Clearance Unit (BCU). This process is triggered whenever someone tries to buy…read more →

3 Oct, 2025
Supreme Court Takes Up Wolford v. Lopez: A Key Battle Over Gun Rights and Property Owners’ Authority

Supreme Court Takes Up Wolford v. Lopez: A Key Battle Over Gun Rights and Property Owners’ Authority

Introduction In a significant development for Second Amendment jurisprudence, the U.S. Supreme Court today granted certiorari in Wolford v. Lopez, agreeing to review a challenge to Hawaii’s restrictive concealed carry laws. The case, docketed as No. 24-1046, centers on whether states can presumptively ban licensed handgun carriers from bringing firearms onto private property open to the public—such as stores, restaurants,…read more →

3 Oct, 2025
Understanding Firearm Laws for Nonimmigrant Aliens: A Guide for Gun Ranges and Owners

Understanding Firearm Laws for Nonimmigrant Aliens: A Guide for Gun Ranges and Owners

The United States has strict federal regulations governing firearm possession, particularly for nonimmigrant aliens—individuals admitted to the U.S. on temporary, nonimmigrant visas such as tourist (B-2), student (F-1), or work (H-1B) visas. Under 18 U.S.C. 922(g)(5)(B), nonimmigrant aliens are generally prohibited from shipping, transporting, receiving, or possessing firearms or ammunition. This restriction has significant implications for gun ranges, firearm retailers,…read more →

22 Sep, 2025
California’s Firearm Background Check System: Databases Used

California’s Firearm Background Check System: Databases Used

In California, purchasing a firearm involves a rigorous background check process designed to ensure public safety while adhering to state and federal laws. Governed primarily by California Penal Code Section 28220, the Department of Justice (DOJ) conducts these checks to determine if a prospective buyer is prohibited from owning or possessing a firearm. This article explores the key databases involved,…read more →

19 Sep, 2025
Common Causes of Delays, Denials, or Undetermined Transactions in California Firearm Purchases

Common Causes of Delays, Denials, or Undetermined Transactions in California Firearm Purchases

Purchasing a firearm in California requires passing a background check through the Dealer Record of Sale (DROS) process, managed by the state’s Department of Justice (DOJ) Bureau of Firearms. This system verifies a buyer’s eligibility based on state and federal laws, cross-referencing criminal records, mental health flags, and other prohibitions. While many transactions are approved quickly, others can result in…read more →

17 Sep, 2025
Understanding Background Check Processes and Standards Under the NFA and GCA

Understanding Background Check Processes and Standards Under the NFA and GCA

The National Firearms Act (NFA) of 1934 and the Gun Control Act (GCA) of 1968 form the backbone of federal firearms regulation in the United States. While the GCA focuses on general firearm commerce and prohibits certain individuals from possessing guns, the NFA imposes stricter controls on specific “Title II” items like suppressors, short-barreled rifles, machine guns, and destructive devices…read more →

15 Sep, 2025
Minimum Age to Purchase Firearms in California

Minimum Age to Purchase Firearms in California

California has some of the strictest firearm laws in the United States, with age requirements that generally align with or exceed federal minimums. These laws are governed by the California Penal Code and enforced by the California Department of Justice (DOJ). Below, I’ll break down the key age restrictions for purchasing different types of firearms from licensed dealers (which is…read more →

12 Sep, 2025
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