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Gunreference1
07-22-2010, 09:30 AM
Democrat gun ban creeps along

July 21, 2:02
AMLA History Examiner
Charles Nichols

California Assembly Bill 1934, which would create an entirely new crime of openly carrying a handgun throughout most public places in the state has reportedly bypassed the California Senate Appropriations Committee and will be heard on the Senate floor if the author, Lori Saldana (D-78) can find a state senator to present the bill.

It is expected that it would be voted upon sometime between August 2nd and August 13th of this year. If the bill is passed by the Senate it would then return to the Assembly for concurrence on the changes to the bill that occurred in the Senate. If agreement cannot be reached, the bill is referred to a two house conference committee to resolve differences. Three members of the committee are from the Senate and three are from the Assembly. If a compromise is reached, the bill is returned to both houses for a vote.

Both houses of the California Legislature must pass the final version of the bill by August 31st. If both houses pass the bill, it would go to the governor where he would either veto the bill or allow it to become law. The governor has said that he does not comment on legislation which has not been passed by both houses. There is no way of predicting what the current governor will do in regards to AB1934.

Prior to the Heller and McDonald decisions, firearms must be carried unloaded. It is legal to carry ammunition with the firearm just so long as the ammunition is not in the "firing position" of the firearm. Police departments generally interpret this to mean having a loaded magazine inside of a semi-automatic or cartridges in the cylinder of a revolver. You can read how the California court defined loaded here. In short, it is legal to carry loaded magazines (or speed-loaders for revolvers) and have them at the ready should the need arise.

The requirement that firearms be unloaded dates back to July of 1967 when the California Legislature passed a law requiring that firearms be unloaded within city limits and certain prohibited areas of a county. In 1995, the state passed a law prohibiting guns within 1,000 feet of a K-12 school without the written permission of the school. A map showing the prohibited areas of Hermosa Beach can be found here and a related article here.

In light of the United States Supreme Court Heller and McDonald decisions it is curious that this bill is still alive given that its passage by the California Legislature would be in open defiance of the US Supreme Court. Although the government of Washington D.C., initially stated that they would defy the US Supreme Court when it issued its Heller decision they quickly changed their tune and instead wrote a new law claiming that it is in compliance with the US Supreme Court decision. The City of Chicago has similarly adopted a new ordinance allowing only a single functional firearm in a home after one has completed an onerous five and 1/2 month permit process. In other words, the cities are defying the court while at the same time claiming they are complying with the court. I don't think the US Supreme Court will be amused and we can expect the High Court to smack down both cities claims of compliance next year.

AB1934 goes far beyond the machinations of the City of Chicago and Washington D.C., it expressly makes the following found by the court to be a crime:

What do the words "the right of the people to keep and bear arms shall not be infringed" from the 2nd Amendment mean to the US Supreme Court?

"...we find that they guarantee the individual right to possess and carry weapons in case of confrontation." - Scalia in Heller


What does it mean to "carry?"


"At the time of the founding, as now, to “bear” meant to “carry.” When used with “arms,” however, the term has a meaning that refers to carrying for a particular purpose — confrontation. In Muscarello v. United States, 524 U. S. 125 (1998), in the course of analyzing the meaning of “carries a firearm” in a federal criminal statute, JUSTICE GINSBURG wrote that “[s]urely a most familiar meaning is, as the Constitution’s Second Amendment . . . indicate[s]: ‘wear, bear, or carry . . . upon the person or in the clothing or in a pocket, for the purpose . . . of being armed and ready for offensive or defensive action in a case of conflict with another person.’” Scalia in Heller


AB1934 seems to have overlooked the core of what the US Supreme Court said in the Heller and McDonald decisions:


"Self-defense is a basic right, recognized by many legal systems from ancient times to the present, and the Heller Court held that individual
self-defense is “the central component” of the Second Amendment right." - Alito in McDonald

Given that California does not recognize a right to carry a firearm concealed, openly carrying a firearm is the only legal means left of self-defense. If AB1934 passes, the California State Legislature would be making it a crime to carry a handgun for the purpose of self defense, in direct defiance of the High Court.


Obviously, the law will be as unconstitutional as a law reinstituting slavery or requiring blacks to sit at the back of a bus and drink only from "colored" water fountains. One would have thought that laws restricting fundamental constitutional rights were from a long bygone era, apparently not so in California.


Most police departments will no doubt enforce the new California law if it passes until a Federal court issues an injunction prohibiting its enforcement. In the interim, cities will have exposed themselves to multi-million dollar civil rights lawsuits they will lose. Los Angeles County alone has around eighty eight cities and a county police force, the Sheriff's department. All have pockets deep enough to entice lawyers throughout the country. Oh! Did you think you have to live in California to sue for a Federal civil rights violation? Au contraire. All a lawyer needs is for someone, somewhere to say he would like to openly carry his firearm in California but is prevented from doing so.

Fox 11 News camera operator Patricia Ballaz received $1.7 million dollars in a civil rights lawsuit against the City of Los Angeles for being pushed to the ground by Los Angeles Police Department officers during the 2007 May Day melee. The US Supreme Court reiterated again this term that one does not have to be arrested (or mistreated by police) to sue for violations of ones civil rights. Am I making my point at all?

Do you think gun owners and their attorneys are going to be the least bit shy about suing cities, schools, counties and police for enforcing AB1934? Not to mention all of the other gun control laws California has enacted over the years?

AB 1934 - http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1901-1950/ab_1934_bill_20100630_amended_sen_v95.pdf

http://www.examiner.com/x-26553-LA-History-Examiner~y2010m7d21-Democrat-gun-ban-creeps-along

Steve

slamfire51
07-22-2010, 11:46 AM
I have only 2 things to say.
#1-Thank God I don't live in Kalifornia.
#2-Thank God for all the FREE States and the "FREE" people who live there using their common sense on gun issues.

imanaknut
07-22-2010, 03:08 PM
I keep wondering at what point the sheep of commiefornia will finally realize that as members of The United States of America that they have rights that their beloved state is stomping all over?

cciota
07-22-2010, 03:12 PM
Glad I left 5 years ago and don't have any desire to go back. They can have it!

Where'e tank monkey at? He usually chimes in when the talk is of California and it's commie ways.

NAPOTS
07-22-2010, 11:14 PM
Sucks to be a gun owner out here, I wish theyd get a big case to the state supreme court that would rule in line with the recent SCOTUS rulings.

Gunreference1
08-17-2010, 03:56 AM
Monday, August 16th, 2010 at 3:08 pm

California Moves Closer to Banning Open Carry & Registering All Long Guns

Keep The Pressure On Stop Ab 1810 & Ab 1934.

Sacramento, Ca --(Ammoland.com)- Keep the pressure the legislature on AB 1810 and AB 1934.

Voice your opposition!

Both of these bills have made their way to the Senate, and the time for you to act is now! Use the CRPA website to CONTACT YOUR SENATOR TODAY and urge defeat of these bills!

AB 1934 OPEN-CARRY BAN (Unloaded Handguns)
AB 1934 SUMMARY: Makes it a misdemeanor for any person to carry an exposed an unloaded handgun outside a vehicle on his or her person while in any public place or on any public street in an incorporated city. Among other things this bill makes it a misdemeanor punishable by imprisonment in the county jail not to exceed six months, by a fine not to exceed $1,000, or by both a fine and imprisonment when any person carries an exposed and unloaded handgun outside a vehicle on his or her person while in any public place or on any public street in an incorporated city, or in any public place or on any public street in a prohibited area of an unincorporated territory.

AB 1934 deletes provisions of current law that allow a firearm to be carried openly in a belt holster. If this bill passes, the open carrying of an unloaded handgun will be illegal with few exceptions. For example, licensed hunters, fishermen, and campers that historically have carried a handgun in a belt holster would be prohibited from carrying a firearm in any prohibited area of an unincorporated area. This would include forest service roads, trails, and campgrounds.

The problem with AB 1934 is that it does not provide a way for the average person to carry a firearm for self-protection or other legitimate purposes. The direction of this bill is contrary to common sense and the approach taken by most other states. For example, Arizona just passed a law allowing for concealed carry without a concealed carry license.

http://www.ammoland.com/2010/08/16/california-banning-open-carry-registering-all-long-guns/

Steve

windowlicker
08-17-2010, 04:35 AM
Has everyone forgotten? California is no longer part of the USA... its part of Mexico now.. where have you people been? LA California of Mexico..

AKTexas
08-17-2010, 07:04 AM
California is criminalizing everything,next will be their thoughts and ideas.

Sad for those folks still living there.

Moebrown20
08-17-2010, 08:32 AM
But they want to make pot legal. :nono:

Gunreference1
08-19-2010, 04:29 AM
Charles Nichols
LA Anti-Establishment Examiner

California - Democrat gun ban vote postponed - AB1934

August 18th, 2010 9:17 pm

AB 1934 would ban the Open Carry of unloaded handguns throughout the State of California. Although the handgun must be unloaded it is legal to carry ammunition with you and, with a little practice, have the gun loaded and aimed in less than two seconds. There are some restrictions however. It is illegal to walk along a public sidewalk or across a public street within 1,000 feet of the grounds of a K-12 public or private school. It is legal to openly carry at a business, residence or private property (so long as the private property doesn't have a sidewalk with a public easement). Step one foot onto the public sidewalk, or any government property, and you face serious jail time.

Since most urban Sheriff's and Police departments do not issue licenses to the general public to carry a firearm concealed, Open Carry is the only means of self-defense available to Californians. If AB1934 passes, they will have none.

A funny thing happened on the way to the vote today in the California Senate. Reliable sources inform me that the legislative aide assigned to the bill quit. But that's not the half of it.

There are only seven official opposition groups recognized by the California Senate. Most of the opposition groups were deliberately left off the final bill analysis. One of the groups that was "accidently" dropped of the "final" bill analysis for AB 1934 is the Responsible Citizens of California (RCC). Not wanting to be inadvertently dropped off again, they requested a copy of the bill analysis from Lori Saldana's office, the author of AB1934.

When the RCC turned the bill over, what did they see printed on the back? "...sensitive personal information of several private citizens including Social Security numbers, driver’s license numbers, birthdates, and spouse’s names..." Lori Saldana, the author of the bill committed a very serious faux pas. Not only are social security and drivers license numbers private, they belonged to City Council members!

What was Lori Saldana doing with this information in the first place? A little opposition research perhaps? Or something worse? Hopefully the Feds and police will let us know.

The word is the bill has been pulled from the Senate schedule for tomorrow (Thursday) and won't be voted on until Friday at the earliest. Time enough for you to contact your State Senator and let him know how you feel about self-defense becoming a crime in the state of California should AB1934 pass.

http://www.examiner.com/la-in-los-angeles/california-democrat-gun-ban-vote-postponed-ab1934

Steve

Gunreference1
08-31-2010, 02:39 AM
California Senate rejects open-carry gun ban

The Associated Press
Posted: 08/30/2010 08:32:56 PM PDT
Updated: 08/30/2010 09:32:33 PM PDT

SACRAMENTO, Calif.—The California Senate rejected a bill Monday that would have made it illegal to carry unloaded guns in public, but lawmakers will give the vote one more try.

Monday's 20-16 vote fell one short of the majority needed, but the Senate will reconsider the measure Tuesday.

The bill, AB1934, was introduced after a series of demonstrations by gun-rights organizations during which they encouraged participants to openly carry unloaded weapons. California law lets gun owners carry a rifle or handgun in a holster if it is not loaded.

The legislation would make it a misdemeanor to openly carry a handgun in any public place.

Democratic Sen. Mark DeSaulnier of Concord, who carried the bill in the Senate, said people often call police when they see weapons in public, not knowing whether they are loaded.

"I do not want to take weapons away from law-abiding citizens," he said. "The Supreme Court has said we can put reasonable controls over handguns, and that's what this is."

Opponents said the restriction is just the latest attempt to discourage firearms.

"We have something called the Second Amendment, and I believe this bill is unconstitutional," said Sen. Tom Harman, R-Huntington Beach.

Lawmakers also defeated a bill by Assemblyman Mike Feuer, D-Los Angeles, that would have required owners of rifles and shotguns to register those weapons, similar to the requirement already in place for handguns.

The bill, AB1810, would let police track gun sales and ownership through a state database. It fell three votes short and will be reconsidered on Tuesday.

http://www.mercurynews.com/ci_15945772?IADID=Search-www.mercurynews.com-www.mercurynews.com

Steve

Dr_Scholl
08-31-2010, 04:03 AM
Thanks for the news, Steve. Keep us updated.

Gunreference1
09-07-2010, 06:41 AM
Gun carriers dodge bullet

Unconcealed arms ban fails

Michael J. Sorba, Staff Writer
Posted: 09/06/2010 07:04:09 AM PDT

Business owner Joshua Wrye is always on the move. That's why he decided to start carrying a gun on his hip as a means of protection this year.

Running Enspired Technology Inc., an information technology consulting firm, is no nine-to-five, and the 32-year-old Ontario resident can find himself on the job anytime, even during the wee hours of the morning.

Wrye is working on obtaining a concealed weapons permit, but in the meantime he "open carries" his handgun, unconcealed, unloaded in a holster on one side of his waist, with a full magazine on the other side.

"It's the economic turmoil," Wrye said. "I carry expensive equipment in my vehicles. I feel better protected having it with me. It makes me feel a lot safer,

Joshua Wrye carries his unloaded gun in the open Friday in Chino. "I feel better protected having it with me. It makes me feel a lot safer, overall," Wrye said. (Jennifer Cappuccio Maher/Staff Photographer)overall."
Gun rights advocates such as Wrye dodged a bullet last week when a state bill that would have made it illegal to carry unconcealed firearms in California escaped consideration on the final day of this year's legislative session.

For the rest of the story click the link below.

http://www.sbsun.com/ci_16004571

Steve

Penguin
09-07-2010, 04:54 PM
I am glad I moved out of that state. I don't think you could pay me enough money to move back there.

slamfire51
09-07-2010, 05:31 PM
I am glad I moved out of that state. I don't think you could pay me enough money to move back there.

+1
God is the ONLY power that could make me live there.

Gunreference1
10-01-2010, 09:08 AM
Charles Nichols
LA Anti-Establishment Examiner

Open Carry false arrest costs San Diego $35,000 - Part 1

September 30th, 2010 4:37 pm PT

As financial settlements go, the City of San Diego got off cheaply. But this article isn't about that. The man who won the lawsuit is Sam Wolanyk his attorney was Jason Davis. Sam will be attending the Manhattan Beach Hometown Fair this Saturday, October 2nd around 1:00PM.

The following is an account of the arrest written by Sam Wolanyk in his own words. He has graciously given me permission to print his story here.

OC false arrest November 2008.
by Sam Wolanyk on Wednesday, September 29, 2010 at 2:09pm

I've had to hold this in for almost two years but now the case is settled so I'm free to post. I believe that following the arrest and my claim against the city of San Diego, some factions at SDPD conspired with Saldana to cobble together AB1934, (a so-incredibly-unConstitutional piece of legislation that it boggles the mind) which spectacularly failed at the last minute. It wasn't all bad though. Some cops got educated, Saldana got put in her place, and best of all The Responsible Citizens of California was founded.

To read the rest of the story click the link below.

http://www.examiner.com/la-in-los-angeles/open-carry-false-arrest-costs-san-diego-35-000-part-1

Steve