Alvin Doe, et al. v. Attorney General Kamala Harris, et al.

Case challenging California A.G. / DOJ’s policy denying multiple handgun sales in 30 day period to those with both a Certificate of Eligibility & FFL03 (collector license).

This case challenges a recently-enacted DOJ policy that denies people who have both a DOJ-issued “Certificate of Eligibility” to purchase firearms and a federal firearms license the ability to purchase more than one handgun in a thirty-day period. Holders of these licenses and certificates, such as the plaintiffs, have successfully completed rigorous fingerprint-based background checks that include full investigations of all state and federal criminal and mental health databases.

Plaintiffs are arguing that:

  • The DOJ’s Enforcement Policy Is Inconsistent With The Plain Meaning Of Section 27535.
  • Legislative History Confirms That The Licensed Collectors’ Exemption Applies To The Purchase Of Any Handgun.
  • Applying The Licensed Collectors’ Exemption To All Handgun Purchases Is Consistent With The Purpose Of The Statute.
  • DOJ’s Enforcement Policy Incorrectly Interprets Federal Law.
  • The Enforcement Policy Is An Invalid Underground Regulation.

 

 

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