Open carry' ban wins approval in California Senate

[MP_OHIO]

'Open carry' ban wins approval in California Senate

The state Senate has approved legislation today that would make it a crime to openly carry an unloaded handgun in public.

Assembly Bill 144, by Assemblyman Anthony Portantino, D-La Cañada Flintridge, targets the "open carry" movement, marked by gatherings of people displaying their firearms in public places to protest gun-control laws.

The bill language contains a number of exceptions, including exemptions for peace officers, military gatherings, gun shows and hunting.

Democratic Sen. Kevin de León said the measure would stop a practice that alarms the public and creates a "potentially dangerous" situation when law enforcement officials or members of the public are unsure whether an exposed gun is loaded or not....


Read more: http://blogs.sacbee.com/capitolalert...#ixzz1XQXPuQUi

[SONYtec]

They could open carry in Cali???

That's amazing. Whata F'ed up state, open carry unloaded.

[MedicalShooter]

Ummmm......when did Calif have a Open Carry Law? Because I have not heard of it since before I was a kid and watched people interrogated everywhere.

[MP_OHIO]

I am guessing it was ok to carry an unloaded gun, now it isn't


The state Senate has approved legislation today that would make it a crime to openly carry an unloaded handgun in public.

[Poodle Soup]

Why make a law about unloaded guns when law #1 is all guns are loaded?

[MP_OHIO]

It's Kalifornina, so you the hell knows. I think they would rather have a law that states,
"no law abiding citizen can own any guns(just the criminals can)"

[emptybrass]

nothing like cutting your own throat.

[Poodle Soup]

nothing like cutting your own throat.

More like handing the killer the knife.

[Quiet]

Prior to the mid-1920s, CA had "constitutional carry". Meaning it was legal to open carry a loaded firearm or conceal carry a loaded firearm without needing a permit.

In 1924, CA enacted it's "may issue" CCW system.
This was done to ensure that minority groups (primarily hispanics) could not conceal carry for protection.
It is currently being used in the major cities/counties to ensure that only people with the "right" political and/or social-economic status can obtain a CA LTC permit.

In 1967, CA enacted it's ban on the open carrying of loaded firearms in public places.
This was done to ensure that minority groups (primarily blacks) could not open carry for protection.

What was left between the those two laws was:
#1. Open carry of an unloaded firearm in non-prohibited public places.
#2. Open carry of a loaded firearm in areas where discharging a firearm is legal.
#3. Conceal carry of a handgun with a valid CA LTC permit.

In 2011, CA enacted it's ban on the open carrying of unloaded handguns in public places.
This was done to ensure that minority groups (gun owners) could not open carry unloaded handguns for protections and as a form of protest over CA's carry laws.

This ban does not affect the open carrying of unloaded long guns in non-prohibited public places and the open carrying of loaded firearms in areas where discharging a firearm is legal.

What's left as of 01-01-2012:
#1. Open carrying of an unloaded long gun in non-prohibited public places.
#2. Open carrying of a loaded firearm in areas where discharging a firearm is legal.
#3. Conceal carrying a handgun with a valid CA LTC permit.



CA's state constitution does not have a "right to bear arms".
This is the reason why, prior to 2010, the court system in CA has ruled the majority of CA's anti-gun laws to be constitutionally legal.

It was not until last year (2010), when SCOTUS ruled that the Second Amendment is incorporated and applied to the states, the CA got a "right to bear arms".
With that ruling, challenges to CA's anti-gun laws now have a chance of a favorable ruling.

With that in mind...
Recently (2010-2011) in two different challenges to CA's "may issue" CCW system for not being applied equally to all applicants, the judges ruled that CA must allow for a form of carrying a firearm for protection and that CA's "may issue" CCW system was legal because a non-prohibited person could open carry an unloaded handgun as an alternative to being granted a CA LTC permit.

Now that CA has banned the open carry of an unloaded handgun, the court system must revisit those rulings.

As a consequence of banning the open carrying of an unloaded handgun, "shall issue" CCW reform is coming to CA.

[jathtech]

Californian Voters = Idiots (mostly)