Jackson v. Department of Justice

This case requires us to interpret provisions of the Roberti-Roos Assault Weapons Control Act of 1989 (Pen. Code, §§ 12275-12290) (the AWCA or Act), which have not heretofore been judicially construed. The questions presented are whether, under that Act, a licensed gun dealer can acquire, possess and sell unregistered assault weapons and whether he may hold assault weapons registered to others for sale on consignment. The trial court answered both questions in the negative and concluded that petitioner’s violations of the AWCA justified denial of his application to renew his assault weapon permit. The trial court ruled as well that petitioner received constitutionally adequate notice of the administrative agency’s interpretation of the AWCA. We shall affirm the judgment.

Factual and Procedural Background

Petitioner, Wayne E. Jackson, who does business as Wayne’s Gun Shop, is a licensed gun dealer (§§ 12071, 12290, subd. (c)) in Dublin who for many years possessed permits and licenses from respondent Department of Justice authorizing the possession, transportation or sale of a variety of dangerous weapons, including assault weapons. By letter dated June 26, 1997,…