California's Resistance: Lawful Or Lawless?

I'm sorry, I haven't been able to find any relevant information about whether California can lawfully resist the DOJ's non-funding of California. Could you clarify what you mean by non-funding?

California's gun laws

California has a number of laws governing the possession and use of firearms by persons other than law enforcement officers or members of the armed forces. The California Department of Justice (DOJ) enforces these laws through its Bureau of Firearms, which provides education, regulation, and enforcement actions regarding the manufacture, sales, ownership, safety training, and transfer of firearms.

In terms of purchasing firearms, there is a mandatory 10-day waiting period before the firearms dealer can deliver the firearm to the purchaser. During this time, the DOJ conducts a firearm eligibility background check to ensure the purchaser is not prohibited from possessing firearms. Generally, all firearm purchasers must be at least 21 years of age and California residents with a valid driver's license or identification card. It is also unlawful for a minor to possess live ammunition unless they have written consent from a parent or legal guardian.

California law prohibits certain people from possessing firearms, including those convicted of a felony or violent offense, such as murder, rape, or arson. Additionally, those convicted of a misdemeanor violation involving assault with a firearm or machine gun, or those with an outstanding warrant, are also prohibited.

The state also generally prohibits the manufacturing, distributing, transporting, importing, keeping for sale, offering for sale, giving, or lending of assault weapons within California. The DOJ may issue permits for assault weapons to law enforcement agencies, officers, and approved individuals over 18.

California has also enacted laws to address loopholes in the definition of "assault weapon" and "detachable magazine," to prevent the sale of "California-compliant" assault weapons that utilise a "bullet button" to release the magazine.

Other notable laws include the requirement for all firearms purchased in California to be accompanied by a firearm safety device (FSD) that has passed required safety and functionality tests. The DOJ maintains a roster of approved FSDs on its website.

Civil rights enforcement

California's Civil Rights Enforcement Section plays a proactive role in identifying civil rights violations and works with government agencies and civil rights organisations to develop initiatives to address these. The Section also represents the Attorney General in prosecuting those who have violated civil rights laws and provides legal representation to state agencies that are charged with enforcing specific California civil rights laws.

The Civil Rights Enforcement Section is committed to the strong and vigorous enforcement of federal and state civil rights laws. It provides advice and consultation services to state agencies and represents them in state and federal trial and appellate courts. The Section also educates the public about California and federal civil rights laws to ensure that the public is aware of their rights and remedies under those laws.

The CRD (California Civil Rights Department), formerly known as the Department of Fair Employment and Housing (DFEH), is the state agency responsible for enforcing California's civil rights laws. It is the largest state civil rights agency in the US. The CRD has five offices and five educational clinics throughout the state. The CRD also maintains a Special Investigations Unit, a Legislative and Regulatory Unit, a Media and Public Affairs Unit, and a Public Records Act Request Response Unit.

The CRD is responsible for enforcing laws such as the Ralph Civil Rights Act, which prohibits violence or threats of violence based on an individual's actual or perceived sex, race, religion, ancestry, national origin, disability, sexual orientation, etc. The CRD also enforces the Disabled Persons Act, which entitles individuals with disabilities full and equal access to public accommodation, transportation, and other services.

Corporate fraud

The Corporate Fraud Section plays a crucial role in upholding the integrity of California's business and financial sectors. By investigating and prosecuting cases of fraud and financial misconduct, they help maintain a fair and transparent business environment that protects consumers and investors alike.

In addition to the work of the Corporate Fraud Section, the State of California also provides resources to help consumers protect themselves from fraud and financial scams. The Attorney General's Office offers information on common scams, such as financial scams, magazine scams, and tax fraud scams, empowering individuals to recognize and avoid potential pitfalls.

If consumers suspect fraudulent activity or have been victims of fraud, they are encouraged to report their concerns to the appropriate authorities. They can contact their local district attorney's office, their City Attorney, or the Attorney General's Public Inquiry Unit to file a complaint against a business. Additionally, consumers can refer to the complaint referral table to identify the specific government agency that regulates a particular business and direct their complaint accordingly.

It is important to note that the Attorney General's Office cannot provide legal advice or representation in personal legal actions. However, individuals seeking legal guidance are advised to consult with certified lawyers or legal aid offices, which can be referred to through the State Bar of California or local legal assistance programs.

Housing rights

Housing is a fundamental human right, and California has a range of laws and departments dedicated to protecting the housing rights of its residents. The state's housing rights laws cover a variety of areas, including discrimination, tenant protections, and access to housing for vulnerable groups.

Anti-Discrimination Laws

California has strict anti-discrimination laws in place to protect the housing rights of its residents. The California Civil Rights Department (CRD) enforces state fair housing laws, making it illegal to discriminate against or harass someone based on protected characteristics. These characteristics include gender, race, national origin, sexual orientation, gender identity, and religion. The law also requires reasonable accommodations for disabilities and prohibits retaliation against individuals for exercising their rights.

The Fair Employment and Housing Act (FEHA) and the Unruh Civil Rights Act also prohibit discrimination in housing based on protected characteristics. These laws apply to most housing providers, such as landlords, real estate agents, home sellers, and housing authorities.

Tenant Protections

California tenants have rights and responsibilities regarding the condition of their rental units and their relationship with their landlords. Landlords are required to maintain rental units in a habitable condition, free from hazardous conditions, and must make timely repairs. If a landlord fails to meet these obligations, tenants may have the right to withhold rent or take legal action.

Additionally, tenants are protected from overly high rent increases and certain types of evictions. California law also provides protections for tenants facing financial difficulties, such as those affected by the economic impact of the COVID-19 pandemic.

Access to Housing for Vulnerable Groups

California has laws in place to ensure access to housing for vulnerable groups, including people with disabilities and families. The state's fair housing laws require reasonable accommodations for individuals with disabilities, such as allowing service animals or providing reserved parking spaces.

The Housing Justice Team within the State of California's Department of Justice works to address the housing crisis and enforce state laws aimed at increasing the housing supply. They also enforce laws related to tenant rights, consumer protection, and civil rights.

Enforcement and Legal Assistance

The California Civil Rights Department (CRD) and the Housing Justice Team within the State of California's Department of Justice are responsible for enforcing housing laws and protecting the rights of residents. Residents who believe they have been victims of housing discrimination can file a complaint with the CRD or report violations to the Housing Justice Team.

The state also offers resources for legal assistance, including free or low-cost legal aid, certified lawyer referral services, and local JAG legal assistance offices for members of the armed forces and their dependents.

LGBTQ+ rights

California has a broad range of laws that protect the rights of LGBTQ+ individuals, with the state's Attorney General, Bonta, committed to enforcing these laws and fighting discrimination, including hate crimes. California was the first state in the US to ban the use of gay or transgender panic defences in murder trials, and its FAIR Education Act ensures LGBTQ+ history is taught in schools.

California law prohibits discrimination in public accommodations on the basis of sexual orientation or gender identity. This includes the use of public restrooms, which individuals are entitled to use according to their gender identity, and employers cannot dictate which restroom an employee should use. Single-stall restrooms must be labelled as 'All Gender', 'Unisex', or similar. The state also prohibits discrimination in schools and employment, and in access to healthcare.

In terms of healthcare, California law requires that health insurance plans cover gender-affirming care, and that same-sex spouses or registered domestic partners are entitled to the same healthcare coverage as different-sex spouses. Conversion therapy for LGBTQ+ youth is illegal in California, and health insurance providers are banned from discriminating against transgender patients or excluding coverage for transgender-specific care.

California law also allows residents to be identified by a gender marker other than 'M' or 'F' on their driver's license, birth certificate, and death certificate.

Frequently asked questions