Back when this whole thing started, I posted my opinion that it wouldn't work or at least that DOJ/AG would not allow it to work for the exact reasons laid out in this most recent memo. I was disagreed with to no end. Turns out that DOJ took exactly, precisely the view I thought they would take, that barring taking no action whatsoever and leaving everyone stuck with stripped lowers they couldn't build, they were going to disallow the post-registration addition of AW features citing SB23. It was always the only way out for a rabidly anti-gun AG, no one should have been surprised. Gray Davis hold-out, very liberal, a guy who has defended his contrary-to-law firearms viewpoints and practices all the way to the highest levels of state court. He is not about to accept defeat and allow for the creation of thousands of new AWs through the use of Roberti-Roos mechanisms. He can also not allow off-list AR-type lowers to continue to be sold in-state, making, from his perspective, the country's most common-sense gun laws look weak. What else is he going to do? This is a carefully thought out way to get him the best of both worlds, they get added to the list AND no one can do anything with them other than build a non-SB23 firearm.
Furthermore, everyone was citing law, letter of the law viewpoints on how and why this will work and no one ever took a look at the AG's track record of keeping to the letter of the law. There is a state pre-emption in firearm laws, the state law specifically reserves the exclusive right to create firearm laws. There can be no local or county level laws regarding firearms according to state law. But look at LA's bans, SF's recent anti-gun "laws", Hollywood's long-standing Saturday-Night Special Ban, all local laws that have NEVER been challenged by the AG. Why would anyone expect him to act differently here?
Not that I agree AT ALL with today's memo, it's clearly not rooted in law. I just know the culture at DOJ and in the AG's office and no one else seemed to see the signs. Hopefully it'll be shot down in court, but that's also his back door. While this is tied up in court for the next 2 years, the state legislature now has more time to review and pass new legislation actually MAKING the AG's viewpoint legally sound.
Not trying to gloat, just saying the signs were on the wall the whole time.