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Calif. Lawmaker Takes Aim At Open Carry

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(AP File Photo)

(AP File Photo)

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Reporting Derek Shore

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SACRAMENTO (CBS13) – A California lawmaker has introduced legislation that would change the state’s gun laws and restrict the right to carry a weapon openly.

It is now legal to carry an unloaded gun into most public places within the state, including restaurants and malls, but bill introduced by Assemblyman Anthony J. Portantino (D-Los Angeles) in the wake of the Tucson shootings that killed 6 would change that.

If approved, AB 144 would make it a misdemeanor to carry an unloaded handgun into public under most circumstances.

The law drew immediate criticism from gun rights advocates, who say the presence of guns can improve safety.

Law abiding citizens have the right to keep and bear arms,” said Yih-Chau Chang, of the group Responsible Citizens of California. “Many studies have shown that law abiding citizens carrying firearms in a public setting have demonstratively reduced violent crime all across the country.”

Firearm enthusiasts have demonstrated their support for the open carry of guns in public by organizing meetings in public places while carrying guns, events that have drawn equally sharp criticism from gun control advocates.

“We believe that it is dangerous to have weapons openly displayed in public like that,” said Rebecca Gonzalez, of the Brady Campaign to Prevent Gun Violence. “A gun can be loaded very quickly and bad things can happen to innocent bystanders.”

Gun violence will happen no matter what and armed bystanders can be an asset, Chang argued.

“Victims, when they are armed, are at least able to level the playing field,” he said.

A specific date for further legislative action on the bill has not been set.

Open carry laws currently in effect allow private business owners to ban the open display of firearms on their property.

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  • milton

    I concur,…”potential victims, who are armed & trained with the basics of armed self defense – can level the field”. Preventing being hapless victims.
    -
    Even if the private citizen is firing flashy blanks. The mere sight of someone returning fire will discourage a shooter to take cover or shoot at something eles. The terrorist doesn’t know that they are blanks or not. A muzzle flash is still a muzzle flash.
    -
    Now if a private citizen goes berzerk, with live fire ammo, then they are only adding more collateral damage to the situation..
    If gun manufactureers only produced realisitic blank firing guns umable to fire slugs. This would probably satisfy the anti-gun fanatics.
    If some idiot were to attempt a crime with a blank firing gun – its his own damned fault for not using a real gun, when the police or the victims use a real gun for self defense or law enforcement.
    -
    This new law is paranoia taken to the next level. law abiding citizens who carry/own guns will suffer. While the criminals who break the laws could care less because they get their guns “illegaly” one way or another. That is a fact of life in the real world.

  • Bill Pope

    And so it starts. Punish law abiding citizens for the actions of criminals and mad men.

  • darkfur93

    California already have very restricted guy laws. Look at city’s like Oakland, they have some of the tightest gun laws and they have shootings all the time. CRIMINALS DO NOT FOLLOW THE LAW!, If they did there wouldn’t be any criminals.

    “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
    [The Second Amendment]

    Restricting guns wont help at all, the criminals will get them anyways.

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  • Craig

    I think it’s past time to outlaw lawmakers that want to take our freedoms.

  • Brett Donley

    CA is the perfect example, gun laws don’t work.They need to go,all the gun laws in the world will not stop some idiot from murdering innocent people.

  • Tom S

    Another stupid politician that wants to pass laws that have no possible prospect of making anyone safer but still can’t do their (overpaid) job when it comes to the state budget, creating a friendly business climate in this state, eliminating the illegal alien problems ….and the list goes on.

  • marc

    It’s typical for a democrat /liberal, to want to control or outlaw something when they don’t like something.
    Another knee jerk reaction to try and legislate gun control.
    I’ve had a concealed permit for years, and carry regularly, and will do so as long as I’m able. Legislate criminals, and madmen not guns.

  • Lynne

    Another law to keep our already strapped enforcement officers busy from being able to do the job they were hired to do.

  • gerogr

    Why dont we require all politicains to give up their guns first?

  • auntbea

    Definition of militia:
    1.
    soldiers who are also civilians: an army of soldiers who are civilians but take military training and can serve full-time during emergencies
    2.
    reserve military force: a reserve army that is not part of the regular armed forces but can be called up in an emergency
    3.
    unauthorized quasi-military group: an unauthorized group of people who arm themselves and conduct quasi-military training

    Content above provided by
    Encarta® World English Dictionary[North American Edition] © & (P) 2009 Microsoft Corporation.All rights reserved. Developed for Microsoft by Bloomsbury Publishing Plc.

  • gerry

    Idiot….crimes are not committed with legal guns……get a clue and do something that will help the State…..get rid of the illegals, fire the school boards, reduce the size of government……perhaps by grading them on their accomplishments……

  • Earnes

    Criminals love gun free zones.

  • Guy

    Put more restrictions on law abiding citizens to change the actions of criminals? That makes a lot of sense…… LOL

    Why do we keep electing these people?

  • Steve Waters

    If only they had to abide from the laws that civilians live by : )

  • Bob

    Cell phones kill why not outlaw them,cars kill why not outlaw them yet booze is OK. Personally they have the wrong priorities illegals in CA are the problem when you have to dial one for English. Why is it Democrats are against the constitution,i will tell you why Obama thinks the constitution is just a piece of paper with no value in his own words. Why do people elect these kind of people that has their own agenda ,no wonder CA is bankrupt.

  • Williamofsacramento

    Who is responsible for my safety?
    Its not the police, but up to the individual citizen.

    In Castle Rock v. Gonzales, the US Supreme Court found that a town and it’s police department could not be sued under 42 U.S.C. §1983 for failing to enforce a restraining order, which had led to the murder of a woman’s three children by her estranged husband.

    In Warren v. District of Columbia (444 A.2d. 1, D.C. Ct. of Ap. 1981) it was ruled that the police do not have a legal responsibility to provide personal protection to individuals, and absolved the police and the city of any liability in the repeated rape of 3 women over the course of 14 hours, despite numerous calls to police.

    In Deshaney V. Winnebago County, a court opinion, by Chief Justice William Rehnquist, held that the Due Process Clause protects against state action only, and that it was the father, and not DSS who abused Joshua. Rehnquist’s opinion stated that although the DSS’s failure to act may have made it liable for a tort under Wisconsin state law, the 14th Amendment does not transform every tort by a state actor into a violation of Constitutional Rights.

    So, who is responsible to protect you? Ultimately, YOU are!

  • SherryF16

    Wonder how many criminals got there guns through legal avenues? Wake up idiot politicians. It is not the ones who obtain weapons legally that we need to fear but the ones who do it illegally.

  • john

    the people to suffer under this new proposed law will once again be the working tax paying portion of our society; chipping away at your rights to protect yourself, family, and property by slowly and suredly making firearms illegal. i dont know who this majority (the people) of california are but apparently they are willing to slit their own wrists to support illegals, felons, welfare programs and the like. this state is sinking and if the bleeding hearts ever wake up it will be too late. stock up on ammo. call me a hater if u must, i’m tired of being walked on by those who do nothing for themselves yet expect others to provide.

  • play13

    Why do people insist on taking guns out of the hands of law abiding citizens. These laws only tie the hands of the law abiding citizen and not the criminals that get guns from back alley deals. I think instead of gun control, we need to educate the public about gun safety and for those that do own guns or are permitted to carry concealed, training and qualifications quarterly are already being done and need to be tracked by the counties that the gun or permitted to carry concealed are issued in.

  • Fred

    Now that there is gun registration throught the land, the people will be safer, the police will be safer and we will be a model to the rest of the world….
    Hilter 1938

  • Tom S

    Fred, I wish your comment was true but it’s not. You need to Google it to get the straight story. Let’s not give the Libs. any more fuel for their fire.

  • Jerry

    Here is a simple truth. Criminals do not buy or carry guns legally. If you take away the legal right to bear arms the only persons with guns will be criminals.

  • Troubled Citizen

    Why can’t the DemocRATs leave well enough alone and stop taking our freedoms away. When are people going to see that with every wild hair they get (Dems), more of our liberties are replaced with a governmental group. I for one would like to regain our freedom, not lose any more.

  • College Prof

    Jerry is right. We need to keep the legal right to bear arms; otherwise, only criminals will have guns.

  • Tony Scalzo

    leave my guns alone!!! i don’t need some politician making more rules. I fought for this country and the rights that come with being a LEGAL U.S. citizen.

  • jim peck

    Just as some people who know nothing about snakes fear all snakes, some people know only about illegal gun violence. They know nothing about use of guns for crime deterrence, protectin of self or others. I don’t want to surrender my rights to know-nothings and chicken littles. the bad guys will always keep their illegal gun concealed until they want to use it. Until gang bangers start carrying open and then loading when they want to shoot, leave the law as it is.

  • Yih-Chau Chang

    The question we should be asking ourselves as law-abiding Californians is this: Given the dire economic outlook we are facing as a State and the resulting conditions that have a clearly demonstrated detrimental effect on public safety (Open Carry advocates have never once committed a violent crime in the entire history of California and any perceived threat that the Open Carry Movement presents is, therefore, purely speculative conjecture), is now the time to make sure that only violent criminals will be armed while leaving all common, law-abiding citizens completely unarmed and defenseless in a public settig?

    Due to the California Budget Crisis, 13,400 convicted felons will be released early from prison into society between now and the end of 2011.

    http://www.lao.ca.gov/reports/2010/crim/prison_pop/prison_pop_012510.pdf

    Also due to the California Budget Crisis, over 1000 police officers have been laid off in 2009.

    http://www.huffingtonpost.com/2009/06/23/cali-budget-cuts-could-ca_n_219633.html

    As anyone who has paid attention to the news knows, many more law enforcement personnel were laid off in 2010 up and down the entire State of California. For example, Vallejo and Oakland, two of the Bay Area’s hardes hit cities in police layoffs in 2010 clearly have a violent crime problem that is among the worst in the State and the nation.

    http://articles.sfgate.com/2010-07-14/news/21982318_1_union-s-attorney-officer-layoffs-union-leaders

    http://sanfrancisco.cbslocal.com/2010/09/30/vallejo-police-department-shrinks-neighborhood-watch-catches-on/

    By banning Open Carry in California, are we trying to ensure that violent criminals have every possible advantage when victimizing innocent and defenseless victims in a public setting?

    I am certain that everyone has the same interest in preserving public safety during these very difficult economic times. Let’s take a proven method of reducing violent crime–common, law-abiding citizens being armed in a public setting, and allow this practice to help keep criminals at bay. For a look at the phenomenon of an armed general populace and its effect on violent crime from the academics, take a look at this video.

    http://www.responsiblecitizensofcalifornia.org/video/john-lott-more-guns-less-crime-2

    For independent confirmation of Dr. John R. Lott, Jr.’s findings, one has to look no further than the Harvard Journal of Law and Public Policy.

    The Mauser-Kates Study, “Would Banning Firearms Reduce Murder and Suicide? A Review of International Evidence”, was academically peer reviewed and then published on Volume 30, Number 2 of the Harvard Journal of Law & Public Policy (pp. 649-694).

    http://law.bepress.com/cgi/viewcontent.cgi?article=7212&context=expresso

    A few key quotes will clearly demonstrate the point that common, law-abiding citizens who choose to be armed in a public setting do have an effect on violent crime rates in society.

    “Whether gun availability be viewed as a cause or as a mere coincidence, the long term macrocosmic evidence is that gun ownership spread widely throughout societies consistently correlates with stable or declining murder rates. This pattern simply cannot be squared with the mantra that more guns = more death and fewer guns = less. Whether causative or not, the consistent international pattern is that more guns = less murder and other violent crime.” (Page 33)

    “As of 2006, 40 states have adopted laws under which guns became vastly more available to law abiding, responsible adults, i.e., 3.5 million Americans are legally entitled not just to keep guns in their homes but to carry concealed handguns with them wherever they go. But this has not resulted in more murder or violent crime in these states. Rather adoption of these statutes has been followed by very significant reduction in murder and violence in those states.” (Pages 14-15)

    “Over a decade ago University of Washington public health professor Brandon Centerwall undertook an extensive, statistically sophisticated study comparing areas in the U.S. and Canada to determine whether Canada’s much more restrictive policies had better contained criminal violence. When he published his results it was with the admonition:

    If you are surprised by my findings, so are we. We did not begin this research with any intent to “exonerate” handguns, but there it is — a negative finding, to be sure, but a negative finding is nevertheless a positive contribution. It directs us where NOT to aim public health resources” (Pages 98-99)

    (Study by Brandon Centerwall referenced above is called, “Homicide and the Prevalence of Handguns: Canada and the United States, 1976 to 1980”, published in the American Journal of Epidemiology, Vol. 134 No. 11:1245-1260)

  • KEN

    THESE LAWMAKERS ARE SUCH FOOLS .. ASK YOURSELF HOW MANY OF THESE FREAKS CARRIED IN A GUN IN THE OPEN BEFORE THEY UNLOADED ON THE GOOD PEPOLE OF THIS COUNTRY.. MYSELF IN THINKING ABOUT THIS IS WHY WOULD I CARRY A GUN IN ANYWHERE UNLOADED LOL.. THAT CAN COST YOU AND MANY OTHERS YOUR LIFES GOD FORBID YOU ARE PUT IN THAT NIGHTMERE BUT JUST IMAGEN IT HAPPENING .. WHAT YOU GOING TO HURLE SPIT WADS AT HIM ..

  • ken

    And up top i read that guns can be loaded very quickly well if i remember the idiot coudent get the second clip in the junk weapon clearly a glock by jaming .. law makers need to quit installing dumb laws that make no sense and start listening to the pepole that know about the subject . dont instill laws that make no dam sense only to show us that you really do something up there besides what we all clearly already know isent much …

  • peed

    Sitting here and typing comments is easy and gets nothing done. Our elected officials need to be taken down and power put back where it belongs, in the peoples hands.
    The reason these people want to take your right to own and carry guns is that you will be unable to stop them from taking the rest of your rights when you are incapable of owning a gun, and you can bet that is where this whole thing is going.
    The time is now to take this country back from the big brother machine that is destroying our nation. They allow the illegal immigrants to come here and rape and kill our people and then take your guns and leave you defenseless. This is done for the most part for future votes. Time to stop the career politicians with their pay increases and other benefits fit for royalty.

  • Contra Costa Open Carry

    this Bill, will do nothing for public safety. It will not reduce crime. It will not prevent ANY criminal from committing any act of violence.
    All it will do is take away all Law Abiding citizens Rights. Only the Law Abiding will care.
    Please, write your Assembly member and urge them to withdraw this bill and VOTE NO on AB144.
    We need every law abiding citizen to write and let them know.

  • Henry

    I am livid over the double standard that legislators have endorsed..! It is obvious to me that the California Legislators and gun (people) control advocates do not support the Constitutional Second Amendment. On a Legislative web page I found the following:
    The Senate has adopted a gun-free policy. But last Friday, the Sacramento Bee reported that the Assembly’s chief sergeant-at-arms had given four lawmakers permission to carry their guns inside the Capitol. It is fine for Legislators to protect them selves but God forbid if a Law abiding citizen carries a firearm. Henry.

  • Ron Nichols Jr

    You must be a moron, your statement makes no sense what so ever, you have your weapon on your right hip, left hip unloaded of course, you now have your
    loaded clips on either side depending your weapon side. Then when you have to defend your life or someone else’s ( must be in fear of your life ) You then load your weapon and respond accordingly, you exercise total gun control and hit your threat
    level target rendering the threat to a non existent status.

  • Ron Nichols Jr.

    These law makers could be hero’s to the general public, Portantino, Feuer, and Mr.
    De Leon by putting forth a change in California penal Code to make it a Shall issue
    state. But they won’t because, they are cowards

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