Join the Mass Action Lawsuit Against the California DOJ Over Its Refusal to Process Legal Sales of Franklin Armory’s Title 1 Firearm

Franklin Armory works hard to bring a variety of legal firearms to its customers in California. California firearms law is a complicated area, and California politicians have made it very difficult for firearms manufacturers to do business by imposing numerous restrictions on the firearms and parts they produce. So complying with all these often non-sensical laws is a costly endeavor for any firearm manufacturer wanting to do business in California.

Franklin Armory goes to great lengths and expense to bring quality products to market that people want. Franklin Armory, Inc. has designed, developed, and begun the manufacturer of a new firearm -- the Title I -- that is California compliant but is neither a rifle, shotgun, nor pistol. And Franklin Armory, Inc. has lawfully taking preorders from buyers in the state.

Thousands of Californians put a deposit down on the Title 1 firearm so they could get one as soon as they become available. Franklin Armory, Inc. has made it a priority to deliver on these pre-orders to their customers - but they can’t – because the DOJ is refusing to process the lawful sales.

So we are suing the DOJ to right this wrong. You should consider joining this lawsuit. There are no fees or costs involved for participants.

When a manufacturer is able to create a firearm that is not prohibited by any of the arbitrary definitions set by law or by California DOJ regulations that condemn certain firearms as “assault weapon” those legal firearms should be available for purchase, right? Yes, unless politics gets in the way. And the DOJ is very political and anti-gun-owner. Even though the Title 1 is legal, the Cal DOJ has deliberately refused to process sales of the Title 1. So Franklin Armory cannot deliver the Title 1 to retailers, and retailers cannot process sales to customers because they cannot complete the requisite sales paperwork because the firearm does not meet any of the defined choices on the state’s fill in the blank forms. Moreover, licensed dealers cannot submit their sales applications to the California Department of Justice ("DOJ") online because the state-mandated system, Dealer Record of Sale Entry System ("DES") does not allow for the transfer of certain firearms that do not meet the limited predefined identifiers in the DES System.

It’s an easy technical fix, but DOJ has deliberately delayed making the simple technical correction to allow this product to be sold because DOJ officials don’t like the product.

So even though the Title 1 is a lawful firearm that does not fall within these definitions and should really be labeled as "other" on the DOJ’s drop-down menu, the sale of these legal firearms is being blocked by biased DOJ bureaucrats. DOJ was made aware of the need to add an “other” category to facilitate Title 1 sales but refused to take this step. This technological barrier prevents licensed firearm dealers from proceeding with a sale, transfer, loan, or submission of information to the DOJ. The actual effect is that California firearm dealers cannot accurately submit the necessary information to the DOJ for processing.

This, we believe, constitutes a violation of the DOJ's duty to accept and process all firearm applications and a violation of each purchaser's due process rights. So on behalf of the thousands of people who put a deposit down to purchase the Title 1, this lawsuit seeks to declare the DOJ's conduct unlawful and to compel DOJ to fulfill its obligations and process all Title 1 purchases that were made prior to any subsequent prohibitions, restrictions, and/or limitations.

To join the lawsuit, you must first register and complete an initial intake questionnaire form.  Upon review and acceptance by Michel & Associates, P.C., you will be asked to sign the legal retainer agreement that will be presented to you. Upon acceptance of the signed legal retainer agreement, Michel & Associates, P.C. will begin representing you in this matter. There is no cost or fees for plaintiffs / participants in this lawsuit.

Mass Action Complaint Against California Department of Justice

Below is the Mass Action Complaint filed against the California Department of Justice seeking injunctive relief, writ of mandate, declaratory relief and alleging due process violations for their failure and refusal to accept and process applications to purchase  Franklin Armory, Inc. "Title 1" type firearms as mandated by the State of California.  

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