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NFATCA Report: V22N8

By Jeffrey Folloder

Confused by California’s Gun Laws? See the Attorney General

Jeffrey Scott Kirschenmann of California, CEO of Scott Kirschenmann Farms, Inc., was recently charged with a dozen weapons-related felonies, after he attempted to comply with California’s state-mandated gun registration laws. He attempted to register an AR-15 using the state’s website and electronically submitted photographs of the firearm, which he was required to do by the end of June. Investigators seized two “silencers,” 230 rounds of ammunition and 12 firearms in the search. On May 17, the district attorney’s office charged Kirschenmann with a dozen felony weapons-related charges. He was subsequently released on $150,000 bond.

According to retired Kern County Sheriff’s Office Commander Joe Pilkington, a court-recognized firearms expert, California’s rapidly changing gun laws have created a significant amount of confusion with regards to what requirements are currently mandated. He suggests that anyone struggling to understand the current requirements should meet with a licensed firearms dealer.

That is really bad advice. Most licensed firearms dealers (FFLs) are not lawyers. As such, practicing law by giving legal opinions, advice and direction is not one of the best places for an FFL to be. It’s actually a horrible place to be. Legal advice should be obtained from a lawyer. Preferably one who specializes in the subject matter at hand. Obtaining legal advice from FFLs, friends who mean well, the Internet, social media or the folks on the line at the shooting range is a recipe for disaster.

It is often said that there are 50,000+ laws, rules and regulations that control firearms in the United States. The United States Code, the Gun Control Act, the National Firearms Act, the Tax Code, the Code of Federal Regulations, state laws, municipal laws, codes and regulations and EPA (really) … . There are any number of ways that one can run afoul of the law. For most of the things that collectors, dealers, manufacturers and importers do, there are easily accessible best practices and guides. But there are always questions beyond the run of the mill. When those question arise, it is best to seek competent legal...

This article first appeared in Small Arms Review V22N8 (October 2018)
and was posted online on August 24, 2018

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