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Tuesday, August 22, 2017

California Lawsuit Holds State DOJ Responsible For Misuse Of Funds

The California Department of Justice has been cited by a state court for its mismanagement and misuse of monies collected from a fee charged to law-abiding gun owners. As reported by NRA-ILA, the court’s ruling prohibits DOJ from using DROS (dealer record of sales) fees for unrelated objectives.

The DOJ was accused in Gentry v. Becerra of improperly overcharging gun buyers and misusing funds that were collected from the Dealer Record of Sale (DROS) fee, a fee DOJ can require firearm purchasers to pay at the time of sale. The DROS fee was originally intended to fund DOJ’s background checks of prospective firearm purchasers.

While California Penal Code authorizes DOJ to require a firearm dealer to charge a purchaser a fee “no more than necessary,” the court’s ruling found DOJ lacking in its regular review of what constituted “no more than necessary.” The court’s conclusion stated that DOJ needed to “perform a reassessment of the DROS fee more frequently than every 13 years.”