FILED/ENDORSE O 1 XAVffiR BECERRA Attorney General of Califomia DEC 2 'I 2018 2 STEPAN A, HAYTAYAN Supervising Deputy Attomey General By:. M. Rsi.Talcaba 3 ANTHONY R. HAKL Deput)' Cterh Supervising Deputy Attorney General 4 State Bar No. 197335 13001 Street, Suite 125 5 P.O. Box 944255 Sacramento, CA 94244-2550 Exempt from Filing Fees Pursuant to 6 Telephone: (916)210-6065 Government Code §6103 Fax: (916)324-8835 7 E-mail: Ajithony.Hakl(ffidoj.ca.gov Attorneys for Defendants and Respondents 8 SUPERIOR COURT OF THE STATE OF CALIFORNLA 9 COUNTY OF SACRAMENTO 10 11 12 13 DAVID GENTRY, JAMES PARKER, Case No. 34-2013-80001667 MARK MID LAM, JAMES BASS, and 14 CALGUNS SHOOTING SPORTS DECLARATION OF ANTHONY R. ASSOCIATION, HAKL IN SUPPORT OF DEFENDANTS' 15 OPPOSITION BRIEF Plaintiffs and Petitioners, 16 V. 17 Date: January 18,2019 Time: 11:00 a.m. 18 XAVIER BECERRA, in his official capacity Dejpt: 28 as Attorney General for the State of Jiidge: The Honorable Richard K. 19 California; STEPHEN LINDLEY, in his Sueyoshi official capacity as Director of the Califomia Action Filed: October 16, 2013 20 Department of Justice Bureau of Firearms; BETTY T. YEE, in her official capacity as 21 State Controller, and DOES 1-10, 22 Defendants and Respondents. 23 24 25 26 27 28 . Declarationof Anthony R. Hakl (34-2013-80001667) 1 DECLARATION OF ANTHONY R HAKL 2 1. I am a Supervising Deputy Attorney General for the Office of the Attomey General in 3 the California Department of Justice located in Sacramento, California. I am the attomey of 4 record for defendants in this action. I make thiis declaration in support of defendants' opposition 5 brief. I have personal knowledge of the facts stated in this declaration, and if called as a witness, 6 I could and would competently testify to them. 7 2. Attached as Exhibit A is a tme and correct copy of plaintiffs' initial complaint 8 filed in the federal case, Bauer v. Becerra, 9 3. Attached as Exhibit B is a tme and correct copy of plaintiffs' first amended 10 complaint filed in the federal case, Bauer v. Becerra. 11 4. Attached as Exhibit C is a tme and correct copy of plaintiffs' second amended 12 complaint filed in the federal case, Bauer v. Becerra. 13 5. Attached as Exhibit D is a tme and correct copy of the cover pages and 14 appearances of counsel pages from the transcripts of the depositions of defendant Lindley in the 15 Bauer and Gentry litigation. 16 6. Attached as Exhibit E is a tme and correct copy of the article: 17 https://www.ammoland.eom/2015/02/califomias-triggerman-chuck-michel/#axzz571CPByf4 [as 18 of Feb. 13,2018]. 19 7. Attached as Exhibit F is a tme and correct copy of excerpts from Plaintiffs' 20 Requests for Production of Documents (Set One) (May 14, 2014), and Plaintiffs' Requests for 21 Production of Documents (Set Four) (Aug. 31, 2016). 22 8. Attached as Exhibit G is a tme and correct copy of the civil docket for Bauer. 23 9. Attached as Exhibit H is a tme and correct copy of: 24 https://nramemberscouncils.com/directory/listing/calg;uns-shooting-sports- 25 association?tab=related&view=grid&category=0&center=0%2C0&zoom=15&is_mile=l&directo 26 ry_radius=20&sort=distance&p=7#sabai-inline-content-related [as of Feb. 13, 2018]. 27 10. Attached as Exhibit I is a tme and correct copy of: 28 http://nramember.scouncils.com/directories/MC-directory/ [as of Feb. 13, 2018]. 2 Declaration of Anthony R. Hakl (34-2013-80001667) 1 11. Attached as Exhibit J is a tme and correct copy of: 2 http://mvemail.constantcontact.com/CALIFORNIA-ALERT-SYSTEM—-CALGUNS-GLOCK- 3 CHALLENGE-lI-.html?soid=1103432343344&aid=ChvlPODTq3U [as of Feb. 13, 2018]. 4 12. Attached as Exhibit K is a tme and correct copy of: 5 https://www.facebook.com/calguns/posts/402605069824860 [as of Feb. 13, 2018]. 6 13. Attached as Exhibit L is a tme and correct copy of: http://cgssa.org/about-us/ [as 7 of Feb. 13,2018]. 8 14. Attached as Exhibit M is a tme and correct copy of: 9 https://firearmtraining.nra.org/become-an-instmctor/ [as of Feb. 13, 2018]. 10 15, Attached as Exhibit N is a tme and correct copy of the chart titled "DEALER 11 RECORD OF SALE TRANSACTIONS." A copy of this publicly-available data is also available 12 at: https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/dros_chart.pdf. 13 16. Attached as Exhibit O is a tme and correct copy of a portion of defendants' 14 document production to plaintiffs in this case. 15 17. Attached as Exhibit P is a tme and correct copy of an excel spreadsheet prepared 16 by DOJ expanding upon the DROS transaction information contained in Exhibit N. This 17 information is accurate to the best of my knowledge, information, and belief. 18 I declare under penalty of perjury under the laws of the^tate of Califomia that the 19 foregoing is tme and correct. Signed and sworn to this^l, day of December, 2018, at 20 Sacramento, California. 21 22 SA2013113332 23 13374705.doc 24 25 26 27 28 Declaration of Anthony R. Hakl (34-2013-80001667) Exhibit A Case l:ll-cv-01440-LJO-MJS Document 2 Filed 08/25/11 Page l of 38 1 C. D. IVLicbel - S.B.N. 144258 Hillary J. Green - S.B.N. 243221 2 Clinton B. Monfort - S.B.N. 255609 i Sean A. Brady - S.B.N. 262007 3 MICHEL & ASSOCIATES, P.C. 180 E. Ocean Boulevard, Suite 200 I 4 Long Beach, CA 90802 Telephone: 562-216-4444 5 Facsimile: 562-216-4445 Email: [email protected] i 6 7 Attomeys for Plaintiffs 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 FRESNO BRANCH COURTHOUSE 12 BARRY BAUER^STEPHEN \) CASE NO. WARKENTIN, NICOLE FERRY, 13 LELANDADLEY, JEFFREY HACKER, NATIONAL RIFLE !) COMPLAINT FOR DECLARATORY 14 ASSOCL\TION OF AlVIERICA, :) AND INJUNCTIVE RELIEF ESTC, CALIFORNIA RIFLE PISTOL) 15 ASSOCL\TION FOUNDATION, i) 42 U.S.C. sections 1983,1988 HERB BAUER SPORTING GOODS;: 16 INC. 17 Plaintiffs 18 vs. KAIVIALA HARRIS, in Her Official 19 Capacity as Attomey General For the State of Califomia; STEPHEN 20 LUSfDLEY, in His Official Capacity as Acting Chief for the Califomia 21 Department of Justice, and DOES 1- 10. 22 Defendants. 23 24 25 PLAINTIFFS, by and through their undersigned attomeys, bring this 26 Complaint for Declaratory and Injunctive Relief against the above-named 27 Defendants, their employees, agents, and successors in office, and in support 28 thereof allege the following: i Case l:ll-cv-01440-LJO-MJS Document 2 Filed 08/25/11 Page 2 of 38 1 INTRODUCTION ! 2 1. When a would-be firearm purchaser wishes to obtain a firearm in 3 Califomia, state law generally requires the buyer to process the transaction through 4 a federally licensed Califomia firearm dealer (an "FFL"). 5 2. In doing so, the would-be purchaser must, among other things, fill out a 6 Dealer's Record of Sale ("DROS") form, the information fi-om which is used by the 7 Califomia Department of Justice ("DOJ") to conduct an extensive background 8 j check on the would-be purchaser before he or she can take possession of any 9 firearm. | 10 11 12 ! • • ' 13 3. Califomia statutory law confers on DOJ' the authority, subject to some 14 discretion, to impose multiple, separate "fees" on the purchasers of firearms. DOJ 15 imposes and collects these fees through firearm retailers, and currently exercises 16 that discretion by charging firearm purchasers the maximum amounts provided for 17 by certain statutes. j IS 4. PLAINTIFFS bring this suit to challenge the constitutionality and legality 19 ofthe "fees" imposed under those statutes and levied on the purchase or transfer of 20 firearms; specifically, Califorma Peiial Code sections 12076(e) [Revised Penal 21 Code section 28255(a)-(c)], 12076.5 |;28300(c)], 12088.9 [23690(a)], and 12805(e) 22 [31650(c)] (collectively, the "Challenged Fees").^ 23 ' DEFENDANTS, being sued in their official capacity as heads of the DOJ, and DOJ being5 unde. Tor DEFENDANTSsome extent th' econtrol amoun, alt lo^som referencee "feess to "DOP" are' sehereit ant thshoule discretiod be constmen of,d DOas aJ 24 bureferenct in aiel t ocase DEFENDANTSs the "fees". are enforced| and collected by DOJ through an FFL 25 ^ Pursuant to the Legislature's enactment of Assembly Concurrent Resolution 73 26 (McCarthy) 2006, which authorized a Non-Substantive Reorganization of California's Deadly Weapons Statutes, variovis Califomia Penal Code sections will be renumbered, effective January 27 1, 2012. For convenience and ease of reference, the corresponding "renumbered" code section for each referenced Penal Code section is provided in brackets. 28 Case l:ll-cv-01440-LJO-MJS Document 2 Filed 08/25/11 Page 3 of 38 1 regulated by DOJ. 2 6. The accounts containing the revenues amassed from the Challenged Fees, 3 which DOJ manages, run a multi-million dollar surplus, even though constitutional 4 principles and governing law limit such govemment assessments to the reasonable 5 cost of regulating the actual activity on which the "fee" is imposed (i.e., the 6 clearance of the firearm purchaser). ; 7 7. Each of the Challenged Fees Unconstitutionally infiinges on 8 PLAINTIFFS' right to keep and bear arms under the Second Amendment to the 9 United States Constitution. PLAINTIFFS and other lawful firearm purchasers are 10 subjected to these excessive "fees" as I a prerequisite to exercising a fundamental 11 right, and th••e windfal •l revenue s from ;the "fees' "' ar e used by DEFENDANTS to • .