Class Action Lawsuit filed in Ca
Subject: Class Action Lawsuit Filed December 10, 1999
Please post and and cross post as appropriate:
T R U T A N I C H . M I C H E L , L L P
Attorneys at Law
Port of Los Angeles Office
407 North Harbor Boulevard
San Pedro, California 90731-3356
Telephone: (310) 548-0410 . Fax: (310) 548-4813
December 22, 1999
Of Counsel:
Don B. Kates,
San Francisco, CA
Mark K. Benenson
New York, N.Y.
David T. Hardy
Tucson, AZ
RE: Class Action Lawsuit Filed December 10, 1999
Against California Department of Justice Regarding
“Assault Weapons” Registered After March 31, 1992.
Dear Class Member/Client:
On December 10, 1999, this firm filed a class action lawsuit on
behalf of the
entire class of all individuals who received letters from the
California
Department of Justice (DOJ) indicating that their “assault
weapon”
registration is invalid and that they must surrender their
firearm(s) to law
enforcement, destroy it, remove it from the state, or sell it out
of state
through specially a licensed “assault weapon” dealer. From
reviewing the
DOJ’s letters we know that many of the firearms registered are
not in fact
“assault weapons” and that many of the “late” registrations were
actually
submitted on time to the DOJ.
Your registration is the document (i.e., the “license”) that
grants you
permission to continue to legally own, use, and possess your
firearm in the
state of California. We believe that before such a “license” can
be revoked,
the U.S. and California Constitutions require that people be
given “due
process.” That due process includes notice of the intent to
revoke the
license and a hearing on whether or not a revocation is
appropriate. Our
lawsuit therefore alleges, among other things, that every
individual whose
registration is being revoked is entitled to a “due process”
hearing to
determine whether or not their registration was in fact received
late and
whether or not their firearm is in fact a “assault weapon.”
Although some of those who received these letters no doubt
possess firearms
that have been designated as an “assault weapon” under California
law, and
did register after March 31, 1992, we contend that those
individuals should
nonetheless be entitled to a hearing to determine those facts. We
believe
that at that hearing the DOJ should bear the burden of proving,
at a minimum,
that registration was received after March 31, 1992 and that the
gun was in
fact an “assault weapon.”
We have also asked the court to find that you should be able to
present other
arguments that might if accepted by the hearing officer or court
that would
entitle to you to retain your firearm. Those potential arguments
will vary
based on individual circumstances. Among the legal arguments that
could be
presented are that rifle owners reasonably relied on the DOJ’s
now apparent
misrepresentation that they could register their rifles at any
time (even
after March 31, 1992), although at the possible risk of an
infraction
citation and a fine up to $500.00. (The statute of limitation for
an
infraction citation however, expired one year after the firearm
was
registered.) Thus, we believe those late registrations should
still be valid.
We will be outlining other potential arguments in later
correspondence.
Our hearing on whether the DOJ must provide each letter recipient
with a “due
process” hearing is set in the Sacramento Superior Court Dept. 54
for
December 29, 1999. We hope the Judge will issue a ruling that
day, or at
least before the end of the year, but he is not obligated to. It
is therefore
imperative that you take precautionary measures to ensure that
you are not
subject to prosecution for possessing an “assault weapon” after
December 31,
1999. The easiest way to avoid problems and still challenge this
DOJ
revocation is to legally transport your firearm out of the state
before
December 31, 1999. This can be done on a temporary basis, but you
should be
sure that you are in compliance with whatever state laws may
apply in the
state where the firearm is going to be stored.
Most of our clients feel that this sort of a temporary transfer
of location
is preferable to destroying the firearm, surrendering it to law
enforcement,
or selling it to one of the very few licensed California “assault
weapon”
dealers that exist. (Assuming you could find such a dealer, the
price they
will pay you for a firearm with no doubt be far below the market
value, since
the demand for the firearms is in California is non-existent
since they can’t
be legally purchased here.) All of the options set forth in the
DOJ letter,
are available however, and should be carefully considered by
every individual
who received the DOJ letter.
On the 29th of December we will post a “Notice of Ruling” from
the judge (if
one is available) on the NRA Members’ Council website. The
website address is
www.nramemberscouncils.com. A copy of the pleadings that we filed
in this
case should be posted on that website shortly, should you desire
to review
the documents that we’ve submitted. If you are a member of this
class but are
not a member of both the NRA and the CRPA, you should seriously
considered
joining both Associations and making a donation to them to help
support this
legal effort. The NRA’s membership number is (800) 672-3888. The
CRPA’s
membership number is (714) 992-2776.
If we currently don’t have your e-mail address, please forward
that e-mail
address to us immediately, as it is the easiest way for us to
keep in touch
with you. If you receive this letter and have not previously
contacted this
office with your information and provided us with copies of
paperwork
associated with your firearm, please do so immediately and you
will become a
member of the class.
We’ve attempted to anticipate all your questions in this
correspondence. No
doubt there will be some questions that we have not anticipated.
Unfortunately, we are not staffed to handle the volume of
telephone calls on
this issue that we have been receiving. Unless your call is truly
urgent we
ask that you submit your questions in writing either via U.S.
mail or by fax.
We will incorporate those questions into a follow-up
correspondence to all
late registrants.
Thank you for your patience.
Sincerely,
TRUTANICH . MICHEL, LLP
C.D. Michel
CDM/hv
Enc.