Supreme Court Could Legalize Open Carry in California

The Second Amendment “right to keep and bear arms” soon could be restored to California. Time magazine described the issue at hand in hearings before the court at hearings on Nov. 3. The court “majority appeared to question the constitutionality of a century-old provision in New York state that requires people to prove they have a special need for self-protection if they want to carry a concealed handgun outside of their home.”

California imposes similar restrictions on carrying a concealed handgun. If the New York law is ruled unconstitutional, that likely also would blast away California’s similar restrictions. Although the court is unpredictable, so nothing is definite until the final wording is released.

A big problem with such state restrictions on concealed carry is their arbitrary nature toward honest, law-abiding citizens. (Not at issue is whether criminals can carry concealed weapons; bans on that would remain in place.)

In California, county sheriffs decide who can and cannot get a permit. The rules vary greatly. The liberal coastal county sheriffs generally impose tight restrictions, while rural inland sheriffs generally allow anyone who is a law-abiding citizen, and takes a gun safety course, to be granted a permit.

But the restrictions also vary with the sheriff. The late Sandra Hutchens, while sheriff of Orange County from 2008-19, was highly restrictive. But her successor, Don Barnes, ran and won in 2018 on a platform of advancing gun rights. He recently wrote on his personal website, “In my view any law-abiding citizen who seeks a permit has the right to have one issued.” He said that, since he became sheriff, the Orange County Sheriffs’ Department has issued more than 10,000 permits to residents; Orange County’s population is 3.2 million. “Not one person has misused their permit.”

Click here to read the rest of the article at the Epoch Times

California ammo check law blocked 100 sales in first month

California’s new ammunition background check law in its first month stopped more than 100 people from buying bullets illegally, officials said late Monday as they struggled to deter more of the mass shootings that have roiled California and other states over the last week.

“Countless other prohibited persons were likely deterred from even trying to purchase ammunition that they cannot lawfully possess,” Attorney General Xavier Becerra said in a court filing. He disclosed the early results in response to a gun owners’ rights group attempt to block the law that took effect July 1.

A federal judge is expected to decide later this month whether to halt the law as a violation of the Second Amendment right to bear arms and other federal laws.

The filing came as Gov. Gavin Newsom said the federal government should follow California’s lead in requiring background checks for ammunition buyers. …

Click here to read the full article from KRCA3 News

San Diego council votes to require gun owners to lock away firearms at home

The San Diego City Council voted 6-2 on Monday in the first of two votes to approve a new gun storage ordinance aimed at preventing accidental shootings and other firearm-related injuries and deaths.

City Attorney Mara Elliott introduced the Safe Storage of Firearms Ordinance last month. It would require all firearms in a residence be stored in a locked container, or disabled by a trigger lock, unless they are being carried by or are under control of the owner.

Monday’s vote was the first of two required for the ordinance to become law, and came after about 90 minutes of public comment, with about two-thirds of those who spoke urging the council to pass the ordinance. Those who opposed the proposed regulations told the council the ordinance infringes on their Second Amendment rights. …

Click here to read the full article from the San Diego Union-Tribune

California’s gun seizure program hits hurdles

Gun seizureAuthorities in California are struggling to enforce a state law that permits officials to seize firearms from people with previous criminal convictions or mental health issues – running into staffing and budgetary issues that have contributed to a massive backlog of guns marked for confiscation.

The law, which was passed in 2013 following the shooting at Connecticut’s Sandy Hook elementary school and set aside $24 million for seizure programs, had a goal of confiscating around 20,000 guns over three years. But six years later, according to a San Francisco Chronicle report, there are still roughly 9,000 of those guns out there, with more being added to the list yearly.

While the state’s new governor, Gavin Newsom, has made gun control a priority of his new administration and has proposed a multi-million-dollar increase to hire more agents, the program reportedly has been hit by retention issues and a lack of experience among new agents. …

Click here to read the full article from Fox News

Will Gavin Newsom be tougher on guns than Jerry Brown?


Gun Open CarryCalifornia Democrats on Monday outlined a plan to enact new forms of gun control, and they’re hoping Gov. Gavin Newsom will sign firearm restrictions that his predecessor vetoed last year.

Standing alongside former Arizona Congresswoman Gabby Giffords, who was shot in the head at a 2011 Tuscon event, Democrats in the Legislature called for more gun restrictions.

So far, they’re proposing Assembly Bill 165, which would provide training to police officers on the use of gun violence restraining orders, and Senate Bill 61, which would limit firearm purchases to one gun per month.

“Stopping gun violence takes courage, the courage to do what’s right, the courage to new ideas,” Giffords said at the news conference. “I’ve seen great courage when lives are on the line. Now is the time to come together, be responsible. Democrats, Republicans, everyone, we must never stop fighting. Fight, fight, fight. Be bold. Be courageous. The nation is counting on you.” …

Click here to read the full article from the Sacramento Bee

Nancy Pelosi to Introduce Bill Criminalizing Private Gun Sales


Photo courtesy shawncalhoun, flickr

Photo courtesy shawncalhoun, flickr

House Democrats plan to introduce a bill criminalizing private gun sales on Tuesday of next week.

The legislation will be introduced by Speaker Nancy Pelosi (D-CA), Rep. Mike Thompson (D-CA), and gun control proponent Gabby Giffords.

Tuesday will be the eighth anniversary of the day on which Giffords was shot by Jared Loughner.

The bill seeks to put background checks in place for all gun sales, requiring a daughter to get a background check before her mother can give her a gun or a son to get a background check before a father can give him one. It would also require a lifelong friend to get a background check before he can a gun from his lifelong friend. …

Click here to read the full article from Breitbart.com

Riverside County Sheriff Sued Over Concealed Weapon Policies


Gun Open CarrySheriff Stan Sniff’s policy on who gets to carry concealed weapons in Riverside County is unconstitutional because it excludes legal U.S. residents, according to a lawsuit filed Oct. 19 in federal court. Sniff denounced the lawsuit, filed by a county resident and five gun rights groups, as politically motivated and designed to help his opponent in the Nov. 6 election.

In his lawsuit, Arie van Nieuwenhuyzen, a legal U.S. resident who was born in The Netherlands, argues his rights were violated last year when the Sheriff’s Department told him he could not apply for a permit because he is not a U.S. citizen. The Riverside resident and business owner said he bought a handgun for self-defense purposes, a need that extends beyond his home.

“Courts across the country have long held that legal United States residents are entitled to the same constitutional protections as everyone else,” the plaintiffs’ attorney, George M. Lee, said in a statement. “Sheriff Sniff’s discriminatory and unconstitutional policies and practices are denying people access to the right to keep and bear arms and violating the Fourteenth Amendment’s command that all people shall enjoy equal protection of our laws.” The other plaintiffs are the Calguns Foundation, the Second Amendment Foundation, the Firearms Policy Coalition, the Firearms Policy Foundation, and the Madison Society Foundation. …

Click here to read the full article from the Riverside Press-Telegram

Gov. Brown Signs Bill Banning Gun Sales to People Under 21


Gun seizureMost people under 21 won’t be able to buy guns in California starting next year under a law Gov. Jerry Brown announced signing Friday.

It will prevent people under 21 from buying rifles and other types of guns. State law already bans people under 21 from buying handguns.

The new law exempts law enforcement, members of the military and people with hunting licenses from the restriction.

It was one of dozens of bills Brown took action on.

Democratic Sen. Anthony Portantino pointed to the shooting at a Florida high school earlier this year that killed 17 people as the reason for his bill banning gun sales and transfers to people under 21.

“I was determined to help California respond appropriately to the tragic events our country has recently faced on high school campuses,” Portantino said in a statement. …

Click here to read the full article from NBC News

San Francisco Court: 2nd Amendment Grants Right to Carry Guns Openly


Gun Open CarryAmericans have a constitutional right to carry guns openly outside the home, a federal appeals court in San Francisco ruled Tuesday on an issue that has divided federal courts and is likely headed to the U.S. Supreme Court.

The 2-1 ruling by the Ninth U.S. Circuit Court of Appeals in a case from Hawaii may not last long — it was written by one of the court’s most conservative judges, Diarmuid O’Scannlain, whose previous decision striking down a California concealed-weapons law was overturned by the court’s liberal majority. But it highlights a Second Amendment issue the high court has sidestepped since 2008, when it ruled for the first time that the Constitution guarantees the right to possess a handgun at home for self-defense.

Supreme Court intervention in the open-carry issue appears likelier with the widening split among lower courts — three federal appeals courts have found no right to carry guns openly in public — and with the possible addition on the court of President Trump’s nominee, Brett Kavanaugh, to succeed the retiring Justice Anthony Kennedy. As a federal appeals court judge, Kavanaugh has interpreted the Second Amendment broadly, saying in one dissenting opinion that it protects the right to own semiautomatic weapons.

Meanwhile, Tuesday’s ruling potentially applies to gun laws in nine Western states covered by the Ninth Circuit, including California. …

Click here to read the full article from the San Francisco Chronicle

California lawmaker proposes Tax guns instead of arming teachers


GunFollowing the February school massacre in Parkland, Fla., California legislators responded as they often do after a mass shooting, with proposals to further tighten the state’s strict gun control laws.

But the killings – and a national protest movement that they inspired – have also raised questions across the country about how best to keep children safe in school.

Assembly Bill 2497, unveiled last month by Assemblyman Jim Cooper, would create a tax on firearm and ammunition sales to fund grants for high schools that want to hire police to provide campus security. The money would also pay for a counselor at every middle school, whose primary responsibility would be to detect and report potential threats of violence. …

Click here to read the full article from the Sacramento Bee