Closed AMA AMA is Live — Matthew Cubeiro, Partner at Michel & Associates / CRPA | California 2A Law & Litigation

[Matt Cubeiro]

That is interesting.. is avoiding bad precedent sometimes more important than pushing a strong case? How do you decide when to take that shot vs wait?

Yes. Some cases are specifically chosen to be presented to SCOTUS for a cert petition because they are narrowly focused and present a higher likelihood of SCOTUS taking up the case. A good example of this was Heller, which avoided the the question of incorporation (later addressed in McDonald), because the law being challenged was DC's law at the time (and therefore only federal law controlled).

 

[davedog01]

Would the next governor really have the power to reverse specific gun legislation (i.e. the roster or AW features/ban) or would the chips be stacked against them due to super majorities and the way our state constitution is written? Thank you.

 

[Bobalover209]

Hi Mr. Cubeiro,

I would be interested on your take with the future of the radian ramjet. It's perhaps one of the most popular CA compliant compensator/barrel options for us, and I've been hearing concerns it might be banned if they release their lineup of compatible suppressors.

If they were to be banned, what would that mean for current ramjet owners/users, and would it actually have any means of enforcement if there's a grandfather clause.

Thank you for volunteering your time and sharing your expertise with us!

 

[johnbravo35]

Hello Mr. Cubeiro,

Are there still push back from big gun companies to challenge or remove the safe handgun roster system? I feel like they're the only ones with the highest chance to change the status quo on this particular law. If they give up on this issue, the safe handgun roster is most likely here to stay...

 

[ShootFirstFirster]

I would like to know how the CADOJ can limit the amount of guns you legally purchased from being legally sold if you never make a profit.

 

[Deleted member 11316]

do you think gun laws will relax in California within the next 10 years?

 

[ValleyGuy]

Hi, thank you for doing this, informative discussion! 2 questions and 1 comment/request...

• Will the 3-in-30 be challenged?
• What about Los Angeles' 1-in-30 (1 background per 30 days) which is still standing?
• Appreciate the CRPA's "one click politics", however I often wish the body is editable to soften some template statements like "I'm watching your vote".

Thank you!

 

[james350]

Can you tell us the rules on hand guns, having to have a lock on a private party transfer? most gun shops will allow you to use the affidavit form which you fill out stating which California approved safe you have. Turner’s will not allow this. Who is right? What is the ruling on it?. and Turner’s claim if you come in with your own lock you have to have a receipt within 30 days of its purchase. please advise.

 

[john_marsten_1873]

Good evening and thank you for answering our questions here!

I have a a question around county specific CCW restrictions:

1. Counties/cities that ban the use of red dots on carry guns. These typically seem to be unilateral decisions by the top LEO official, based on their own opinions - even adjacent cities and counties have no restrictions on them.

Let’s say someone decided run a red dot anyway. They felt that faster target acquisition and being target focused gave them the best defensive advantage while providing the best opportunity to keep bystanders safe.

Could that potentially increase the chances of criminal or civil liability even if they might have otherwise have been determined to have justifiably acted in self-defense?

What’s the worst case scenario and/or is it something they’d likely win if it came to a legal fight? Legal liability or loss of CCW privileges?

 

[H. Bowman]

Is there a place to donate towards for Mr. Cuberio's time, whether directly to him or to an organization of his choosing?

This is a fantastic opportunity and thread and I hope there is a LOT more of these sorts of things here.

 

[Hydroflask]

I've used gun control does have racist roots in debates. Has anyone done studies on ethnic make up of Gun owners and CCW holders in California? It would be interesting to beat them at their own game and use the 'disparities proves discrimination' approach and file suits in an attempt to overturn these violations of the constitution and generally expose the lefts hypocrisy on such issues. Has the Mulford Act been challenged? Forgive me if these have been asked before. Thanks!

 

[Matt Cubeiro]

What's the status of the case on the 11% excise tax on firearms and ammo?

Both the opposition to the state's demurrer and the motion for summary judgment should be getting filed today from what I understand. But I am not directly involved in that case so I don't have any details beyond that.

 

[Matt Cubeiro]

More Specifically the CADOJ says:

Are there any real risks in someone concerting a SSE firearm to Semi Auto and/or Selling that firearm as a semi auto.
Or is CADOJ use of the work "may" a scare tactic.

In general, California's roster only applies to point of sales by licensed dealers to non-exempt individuals. Ownership and possession of handguns not on the roster is entirely unrelated to the restriction. And if you think about it that makes sense. Best example would be someone that purchased a gun on the roster however many years ago, but that gun is no longer in production today. Naturally, the manufacturer is not going to pay a renewal fee to keep that gun listed when they don't make it anymore.

Just as getting the gun engraved, re-coated, installing a new sight, etc., has no bearing.

CA DOJ has recently been putting up more roadblocks to exempt individuals (namely active duty LEO) selling their off-roster guns in PPTs to non-exempt individuals. By way of example- https://oag.ca.gov/firearms/regs/notice-of-law-enforcement-sales-transfers-of-unsafe-handguns

 

[Matt Cubeiro]

I've used gun control does have racist roots in debates. Has anyone done studies on ethnic make up of Gun owners and CCW holders in California? It would be interesting to beat them at their own game and use the 'disparities proves discrimination' approach and file suits in an attempt to overturn these violations of the constitution and generally expose the lefts hypocrisy on such issues. Has the Mulford Act been challenged? Forgive me if these have been asked before. Thanks!

Yes, and from both pro-2A and anti-2A orgs alike. One example- https://www.pewresearch.org/short-reads/2024/07/24/key-facts-about-americans-and-guns/

The Mulford Act is what first established California's ban on open/concealed carry. Its general principles along with the many subsequent amendments and recent changes are the subject of ongoing/prior litigation. Blank v. Santa Clara, CRPA v. LASD, May v. Bonta, Peruta v. San Diego, Mckay v. Hutchens, just off the top of my head. Another lawsuit is in the works and early planning stages that will likely challenge SB 2 as a whole.

 

[Matt Cubeiro]

Is there a place to donate towards for Mr. Cuberio's time, whether directly to him or to an organization of his choosing?

This is a fantastic opportunity and thread and I hope there is a LOT more of these sorts of things here.

Donate - CRPA

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crpa.org

 

[weaverftw]

What should CA CCW holders look out for in terms of things that could be misconstrued or used against them by an overzealous prosecutor/DA after a legitimate self defense shooting? I’m thinking of things like what ammo to use (should it be what local LEO uses, or could that be used to say “guy thinks he’s a cop”, could a history of training or shooting competition be used to frame someone as “trigger happy” etc? Modifications to guns?

 

[adrkwan]

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Thanks, Matt! Just joined CRPA because of your AMA. Thank you for your time.

 

[Matt Cubeiro]

I have a question regarding C&R "imports" into the state as an FFL03. Under current CA law per PC 27585 and PC 27565 C&R firearms cannot be shipped to your door from out of state, they must go through an FFL01. You can however pick them up out of state and bring them in without going through a dealer.

Federal law clearly allows these firearms to be freely traded between licensed collectors, bypassing background checks and dealers. Is this not a violation of the supremacy clause? CA making illegal that which is explicitly legal federally?

There are deeper issues with CMP and California than many realize. But to answer your question as succinctly as possible, the Gun Control Act expressly allows states to enact additional laws/restrictions provided they do not create a direct conflict. See 18 USC § 927.

 

[Matt Cubeiro]

Would the next governor really have the power to reverse specific gun legislation (i.e. the roster or AW features/ban) or would the chips be stacked against them due to super majorities and the way our state constitution is written? Thank you.

The Governor serves in an executive function, so they could not repeal or amend a law absent approval from the legislature. But they could indeed enact policy that reflects pro-2A positions. A good example would be to direct CA DOJ to enact new or replace existing regulations on various firearm-related issues.

 

[Hydroflask]

Yes, and from both pro-2A and anti-2A orgs alike. One example- https://www.pewresearch.org/short-reads/2024/07/24/key-facts-about-americans-and-guns/

The Mulford Act is what first established California's ban on open/concealed carry. Its general principles along with the many subsequent amendments and recent changes are the subject of ongoing/prior litigation. Blank v. Santa Clara, CRPA v. LASD, May v. Bonta, Peruta v. San Diego, Mckay v. Hutchens, just off the top of my head. Another lawsuit is in the works and early planning stages that will likely challenge SB 2 as a whole.

Thank you. I would love to see the stats specifically for the State of CA.