Calf. Senate Tries to Criminalize Open Firearms Carry
- Posted on September 12, 2011 at 1:29pm by
Buck Sexton
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Last week the California State Senate passed a bill along strict party lines that would criminalize the open carry of unloaded handguns if it gets signed into law by the governor.
The author of the recently passed bill explicitly intended to go after members of the California Open Carry movement, who attend political rallies and go about their daily lives with unloaded handguns displayed in plain view to promote their 2nd Amendment rights.
Not a single Republican State Senator voted for the bill. It originally passed in the State Assembly last May along party lines, 45 votes to 29. The California Assembly passed it just days after the shooting of Congresswoman Gabrielle Giffords in Tuscon, Arizona.
The bill was sold to the public as a necessary means to combat the fear that Californians allegedly feel when they see a fellow citizen openly carrying an unloaded firearm in public. As the Sacramento Bee reported on this gun paranoia issue, State Senator Kevin de Leon claimed:
“This is not the wild west… how discomforting can it be if you walk into a restaurant, to Starbucks, to Mickey D’s, wherever it is that you may go to, and all of a sudden you see someone walking around with a handgun, and you don’t know, can‘t discern if they’re a law enforcement agent.”
The bill also has support from law enforcement officials who claim wasted man hours and tense situations result from citizens calling in complaints about those who openly carry.
Perhaps if they knew it was legal, as it is in many others states, they wouldn’t be so concerned.
The Blaze previously reported on a highly professional, courteous police discussion with an open carry advocate that would seem to indicate California law enforcement is well-equipped to handle open carry as long as the statutes are clear.
Here is the video of that open carry advocate’s encounter with Oceanside Police:
Many Republican lawmakers in California haven’t bought the argument that open carry is a public safety threat. State Assemblyman Tim Donnelly (R) already voiced his strong disapproval of the bill when it first passed the Assembly, stating in reference to the 2nd Amendment that “It is not just the right to keep, it is the right to bear arms.”
The bill is now set to go back down from the Senate to the Assembly for minor amendments. But is is not clear if it will ever make it to the governor’s desk. The LA Times reports that a budgetary dispute may keep the bill from passing.
Given California’s status as a “may issue” state for concealed carry permits, passage of this most recent gun control bill would effectively ban normal law-abiding citizens from carrying a handgun in the Golden State under any circumstances.
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Comments (217)
TomFerrari
Posted on September 12, 2011 at 1:58pmI can hear property values plummeting already.
I wonder if you have to disclose that the house is in a state governed by insane people that will do anything to get re-elected, even trample on the Constitutional rights of its own citizens?
jerry brown 3.0 will definitely sign this abomination into law, further trampling our Constitutional rights.
I’ m ready to take a chisel and hammer and lop off California, and let it slide back into the ocean.
Report Post »Who’s with me?
This_Individual
Posted on September 12, 2011 at 2:07pm“Lop off California”. Funny guy.
Report Post »watchtheotherhand
Posted on September 12, 2011 at 2:22pmLet the lopping begin !!!!!!! Yeehaw !!!
Report Post »watchtheotherhand
Posted on September 12, 2011 at 2:24pmI will say Kudos to the officer for not getting in a ego driven power struggle with this fella who was a law abiding citizen. Of course he was being taped as well. It didn’t go so well for law abiding open carry advocates in PA I am afraid. They were tazed and roughed up by the local police there…..
Report Post »American Soldier (Separated)
Posted on September 12, 2011 at 2:31pmFirst of all, I think it’s fine to open carry even unloaded. That is, for a semi-auto pistol. The picture of that guy standing around with his revolved on his hip unloaded. Unless he’s the fasted revolved loader in the world, I don’t think that guy will manage to load and fire back in the head of the moment. Too much to go wrong there. Revolvers, as a carry weapon, is not meant to be carried unloaded. If you are going to carry unloaded, at least have a pistol where you can drop a mag in it within a second and return fire.
Good luck california. I’ve got my gun on my hip right now. No one bothers me when I’m out and about town. I have yet to even be stopped by a cop and I’ve walked by many. I‘m sure they keep a close eye on me as I go about my business but they don’t bother me.
I’m not scared of the guns I can see, I‘m scared of the guns I can’t see in the hands of someone who wishes to do harm on me. I wish everyone would carry, conceal or open.
Report Post »trolltrainer
Posted on September 12, 2011 at 2:40pmone word: Speedloader…
Or is that two words that are hyphenated?…
Report Post »DTOM_Jericho (Creator vindicator)
Posted on September 12, 2011 at 2:42pmhttp://www.youtube.com/watch?v=GR4WYqabTxU
Report Post »knockered
Posted on September 12, 2011 at 2:49pmI say let’s go back to 49 states,just saying
Report Post »American Soldier (Separated)
Posted on September 12, 2011 at 2:54pmI still stand by my statement for the revolver, but I am partial to semi-auto pistols. Speed loader or not (and based on my spell check it’s two words) I wouldn’t want to have to fumbler with it. That’s just me, with my training and practice using semi-auto pistols and the quickness I have for reloading them. Sure, some expert revolver shooter can reload quick, but could the average citizen that doesn’t get a whole lot of range time?
Report Post »trolltrainer
Posted on September 12, 2011 at 3:06pmeh…Can’t say I disagree with a semi-auto being faster…Plus they do not jam as easy as they used to and are far better for concealed carry. Revolvers still have their place though.
Report Post »old guy in SC
Posted on September 12, 2011 at 3:45pmI left my home state of California in 1988. No need to “Lop” it off, La Raza is taking it town by town and Governor Moonbeam is there to make sure that only the criminals have rights. I erased California from the US map years ago. Sad, but true.
Report Post »Jaycen
Posted on September 12, 2011 at 3:53pmI just want to say the police officer in the video is an exceptional man. He’s a patriot and he clearly understands his job. Great job to the officer.
Report Post »JohnF297
Posted on September 12, 2011 at 4:00pmAmerican Soldier (Separated) — you mentioned about how you are trained on loading an automatic pistol quickly, but then whine about speed loaders. Did you ever think that someone TRAINED using speed loaders can be pretty darn quick also?? I can shoot 12 rounds with my 38 in about 8 seconds, never taking my eye off the target. Here is a video of a highly skilled shooter doing it in less than three seconds — http://www.youtube.com/watch?v=0PDzE55esIE . I’ve seen similar trials pitting highly skilled revolver shooters against semi-automatic users with similar outcomes. One big difference always was when the pistol shooter ran out of magazines, the revolver shooter was ALWAYS faster. :-)
Just as an untrained person would be very slow reloading an automatic, an untrained person would be very slow, ‘fumbling’ as you put it, with a speed loader. The loading process takes less than two seconds.
And while it’s true that modern pistols are less likely to jam, they require maintenance and cleaning and good ammo to do that. I’ve spent many hours at the range watching the pistol shooters clearing jams, while I get up to the line and just shoot. My skilled pistol shooting friends don’t have this problem, but the average Joe sure seems to a lot.
Report Post »melving
Posted on September 12, 2011 at 4:05pmI agree Tom, look at these facts,,,a little off the current subject…just trying to get them out
Report Post »SanDiegoCountyCitizen
Posted on September 12, 2011 at 4:16pmHey, I’m in CA! No lopping! How about just a good old fashioned tar and feathering of the statist lawmakers???
Report Post »Kess
Posted on September 12, 2011 at 4:16pmI live in CA (unfortunately) and would not be opposed to this pathetic excuse for a state being kicked into the ocean. This place is just embarrassing. Can’t wait to get out.
Report Post »dwa81
Posted on September 12, 2011 at 4:23pmhow about just the northern half? or at least sacramento?
Report Post »Jere
Posted on September 12, 2011 at 4:29pmHave lived here since birth and the only reason I am still in CA. is the job situation. I have one now and am scared to move. Your right this is a state of crazy dems run by crazy dems and I think they pay your moving costs if you move here as the pop. goes up all the time.
Report Post »NeoFan
Posted on September 12, 2011 at 4:42pmIn Mexico there is a 30 year mandatory sentence for possession of a firearm. As you know this has led to the lowest crime rate of any country in history. The police in Mexico are trying to change the law there so they don’t have to carry a heavy pistol because there is not a need to ever use one. The police there love the job because it is so peaceful. In fact the only guns in Mexico are the ones sent there by the BATF to some people in the pharmaceutical industry. Soon California will be just as safe as Mexico. The police in California know that the people they need to watch out for are the ones that follow the law and that when the going gets tough they can count on the ones that dont follow the law for back up. I should move there.
Report Post »Major Infidel
Posted on September 12, 2011 at 4:47pmWishfull thinking, but worth a try. I’ll see you on the fault line.
On topic: Isn’t the second amendment in place, to protect it, and you!? Does this legislation not indicate the time to use that amendment as it was intended by our founding fathers? Just sayin, maybe it’s time to put up or shut up out there in our western most toilet. Or are you only patriots behind the keys and not your rifle? Reclaim your honor and place in the Republic, Cali. You can do it!
Report Post »IONNES
Posted on September 12, 2011 at 5:50pmWhile I didn’t vote for Jerry Brown he has earned some respect as of late. When a bill reached his desk mandating helmets for skiing and snowboarding for those under 18 he said the following:
“While I appreciate the value of wearing a ski helmet, I am concerned about the continuing and seemingly inexorable transfer of authority from parents to the state. Not every human problem deserves a law. I believe parents have the ability and responsibility to make good decisions for their children.”
He then vetoed the law. Not a move I expected from Brown. It’s a strange world when I agree with Jerry Brown. This gives me hope that if it does reach his desk he may just veto it.
Report Post »WeeDontNeedNoSteenkinBadges
Posted on September 12, 2011 at 6:02pmWhen government fears the people, there is Liberty. When the people fear the government, there is Tyranny.
Saddle-up, people!
Report Post »tower7femacamp
Posted on September 12, 2011 at 6:37pmwhy not they are going to criminalize free speech soon
Infowars.com reporter Darrin McBreen was instructed by the “Facebook Team” to not voice his political opinion on the popular social networking site.
“Be careful making about making political statements on facebook,” McBreen was told in an email, “facebook is about building relationships not a platform for your political viewpoint. Don’t antagonize your base. Be careful and congnizat (sic) of what you are preaching.”
Facebook sent the message in relation to a comments posted about “Is living off the Grid now a crime?,” an article about “nuisance abatement teams” intimidating people who have decided to disconnect from the power grid in California.
Report Post »http://www.infowars.com/facebook-commissar-warns-infowars-reporter-about-political-posts/
azjeff1963
Posted on September 12, 2011 at 7:14pmhey cali….we are NOT going to save your sorry asses….bye bye…lol
Report Post »azjeff1963
Posted on September 12, 2011 at 7:17pm3 words….come get some….
Report Post »ComeAndTakeThis
Posted on September 12, 2011 at 7:23pmNot a chisel and hammer but instead a hammer a sickle.
Report Post »WeeDontNeedNoSteenkinBadges
Posted on September 12, 2011 at 7:50pm“how discomforting can it be if you walk into a restaurant, to Starbucks, to Mickey D’s, wherever it is that you may go to, and all of a sudden you see someone walking around with a handgun, and you don’t know, can‘t discern if they’re a law enforcement agent”
WEEE DON‘T NEEED NO STEEENKIN’ BADGES, Meester Government Tyranny!
Report Post »calonzap
Posted on September 12, 2011 at 8:27pmI’ll help chisel that worthless state loose from the United States and watch it as it slides into the Pacific Ocean and disappears.
Report Post »hud
Posted on September 12, 2011 at 9:07pmthought the supremes passed an opinion that the 2d was the law of the land, and petty locals couldn’t supersede the rights it bestowed
Report Post »BluifoxEd
Posted on September 12, 2011 at 9:25pmBuild a wall
Report Post »porkbomb
Posted on September 12, 2011 at 10:16pmI hear you, SoCal doesnt need NoCal… I love my state but hate the insanity…
Report Post »toto
Posted on September 12, 2011 at 10:43pmMe, but unfortunately I live here. The cop handled the situation well and with good humor. Thumbs up to him.
Report Post »diamondk
Posted on September 12, 2011 at 10:59pmI have said for a long time, that here in Arizona we should forget about the “ border fence ” along the southern border, and build one along the Colorado river. Build it fast, and build it high…
Report Post »Armed Patriot
Posted on September 13, 2011 at 7:24amSenator Barbara Boxer actually told me that as a Californian I did not have a Constitutional right to own a firearm as it was not written into the State Constitution. Unbelievable.
I beleive Moonbeam will sign this into law in a heartbeat. I spoke to his office when he was the Attorney General. After receiving a hostile attitude by his staff, I reminded him that he worked for me (as a taxpayer). He told me that he didnt not work for “the people” we worked for the “state” and that my taxes were not even my money but the states money, for the privilege to work in California. Unbelievable.
Report Post »VerySeniorCitizen
Posted on September 13, 2011 at 10:20amThe the editor. What is a Calf. Senate?? Is it some sort of ‘herd of cows’ government?
Report Post »VerySeniorCitizen
Posted on September 13, 2011 at 10:25amLet California ‘SLIDE BACK’ into the ocean. Why was California originally an island which gravitated to the west coast of Arizona, Nevada and Oregon because is was lonely all by itself in the middle of the Pacific? Think before you post! Of course, you could wait for the San Andreas fault to creat a great gaping chasm between California and the rest of the country – if you have the patience!
Report Post »Libertyluvnmomma
Posted on September 13, 2011 at 12:18pmopen carry of unloaded firearms? As a woman that would tick me off. having to insert a mag and chamber a round in order to save my own life??
Report Post »I always carry one in the chamber…………. What’s the point otherwise?
CPAMBA
Posted on September 24, 2011 at 10:02pmCalifornians should figure out why they‘re so incompetent that they can’t carry firearms responsibly. Here in Pennsylvania we have over 850,000 (6.76%) with concealed carry permits. Open carry (loaded) is legal, but not an issue. We have no mayhem and chaos in the streets from either group. I guess we Pennsylvanians, as a whole, are just more responsible than Californians. I wonder why.
Report Post »SavingtheRepublic.com
Posted on September 12, 2011 at 1:58pm~^~v~~^~~v~^~
You read it right unloaded open carry. You see here in this insane state you can open carry but the weapon has to be unloaded. Holstered on one hip unloaded with loaded mag on the opposite hip in clear view. So the proggies felt the need to pass a law to go against that vs just taking an ad out in every single newspaper defining open carry and then making some appearances on TV news to talk about it at a lower cost than the time and money spent on creating an insane bill. A bill that IS a violation of the 2nd Amendment.
Conceqaled carry is next to impossible to get so thats why so many were open carrying to make a statement that “ok you wont issue a CCW fine Ill carry in the open”. Let me tell you even open carrying was “dangerous” You risk having a SWAT team trounce on you due to some uninformed idget calling you in in panic b/c they dont know the law.
So thats what they do here you dont know the law and others do, they pass a law to ban the law people arent aware. Meanwhile the gangs, criminal element, some celebrities continue to carry LOADED weapons. Oh for the CA bashers be advised, what starts here in CA spreads like cancer to the rest of the country. http://SavingtheRepublic.com
Report Post »SaveCalifornia
Posted on September 12, 2011 at 2:40pmLuckily I live in a very conservative county. While open carry of unloaded weapons my go away, this county issues more CCW permits than the rest of the state. And our Sheriff frequently appears on the local Talk Radio. Maybe we should just take this county and give Texas another county.
Report Post »bboatmanable
Posted on September 12, 2011 at 3:46pmI just keep wondering……..how many concealed, loaded, illegal weapons are carried in California every day?!?!?!? Just turn on the news and I‘m sure you’ll see a glimpse.
Report Post »Lord Drexil
Posted on September 12, 2011 at 1:54pmFrom a former California Deputy Sheriff, the law as is allows you to openly carry on your person a duly registered unloaded firearm in plain view of the public. There is nothing in the law about not also carrying the ammo for the firearm in a clip on your belt as well! As long as the firearm is carried unloaded (read – no ammo in the chamber or inserted into any ammo feed chamber) and in plain view, it is legal. You may carry the ammo for the gun on your belt as well and it can be in a clip rteady to go.
If you need to defend yourself, you simply draw your weapon and insert your magazine and you can then legally protect yourself with that now loaded firearm. Anyone trained to combat-load a clip from their belt magazine holder can load an unloaded weapon in about a second.
The only difference between a police officer and a citizen carrying firearms is that the citizen‘s must be unloaded whereas the police officer’s is always pre-loaded.
Report Post »trolltrainer
Posted on September 12, 2011 at 2:03pmIt is a stupid complaint, and I hate when the firearm “know-it-alls” bring it up, but as a former deputy I assume you know the difference between a magazine and a clip?
Report Post »MODEL82A1
Posted on September 12, 2011 at 2:14pmTROLLTRAINER, “You know the man you hate? You look more like him every day.”
Report Post »– Perry Farrell.
V-MAN MACE
Posted on September 12, 2011 at 2:15pmI understand what you’re saying, but the 2nd Amendment doesn’t specify all that in regards to loaded or unloaded weapons.
I still think restriction of citizens to openly carry LOADED weapons is against the 2nd Amendment.
In Ohio, we can openly loaded weapons on our person. This imaginary idea that police officers- “PUBLIC SERVANTS”- ought to have some special deference in regards to interpretation of the Constitution is the reason why more people in Ohio aren’t openly carrying their firearms, because the governed are intimidated from exercizing their rights by the public servants who want those rights exclusively for themselves, despite the fact that the right to bear LOADED arms comes from the same place, the 2nd Amendment.
That state‘s liberal legislature simply uses the people’s government to restrict rights that the Constitution says are inalienable, which sets a precedent for other states to do the same thing.
Anything after the initial legislative restriction is also as treasonous as the original incursion against the 2nd Amendment, and we are living in tyranny in a number of states whose public servants are restricting the inalienable rights of citizens.
Report Post »Lord Drexil
Posted on September 12, 2011 at 2:16pmNow we all know why your name is “TrollTrainer”. Yes foolio, a “clip” is slang for a “magazine” and they are often used interchangeably.
Report Post »LarryOfAz
Posted on September 12, 2011 at 2:28pmYes, they are often used interchangeably, but incorrectly. Take a course or read a book. They are two different things.
Report Post »American Soldier (Separated)
Posted on September 12, 2011 at 2:37pmIt’s anal retentive, I know, but they are technically two different ways of holding ammo. Such as for the military, we’re issued our 5.56mm in 10 round clips that hold the 10 rounds using a long, slender “clip” that holds the round at the base. You then transfer the rounds from the clip into the magazine. You cannot put the clip directly into the weapon. While I always know what people are talking about when they call a magazine a clip, it’s an easy way to spot someone who is not as familiar with weapons as they think they are.
Report Post »Die Trying
Posted on September 12, 2011 at 2:38pmi’m just going to piss everyone off and call it a bandolier
Report Post »trolltrainer
Posted on September 12, 2011 at 2:38pmAnd your response to me shows that you are no deputy sheriff! Any trained officer of the law would not be sucked into such a heated reply. I respect law enforcement. I detest trolls.
Good day.
Report Post »Patriot Z
Posted on September 12, 2011 at 2:39pmehh i just call it a bullet cozy….
Report Post »trolltrainer
Posted on September 12, 2011 at 2:49pmAmerican Soldier (?) writes:
“While I always know what people are talking about when they call a magazine a clip, it’s an easy way to spot someone who is not as familiar with weapons as they think they are.”
——————————————————–
Yeah! Like someone that does not know what a speedloader is!
Report Post »American Soldier (Separated)
Posted on September 12, 2011 at 3:01pmHahaha. I never said I didn’t know what a speed loader for revolvers are, but good try. I still stand by my statement that loaded an unloaded semi-auto pistol with a magazine will be seconds faster than loading a revolved with a speed loader. I know I can load my pistol from empty without having to take my eyes off the target, I know for a fact I wouldn’t be able to do that with a revolver/speed loader combination. I’m sure any revolver expert could load/reload as fast as any semi-auto pistol but can the average citizen that only gets occasional range time?
Statistically speaking, which was given to me during my fire arms training class to receive my carry permit, incidents involving having to draw a fire arm in self defenses lasts a few seconds. I wouldn’t want to fumble with a speed loader. How is it holstered on the left hip? Or do you pull it out of your pocket?
Bottom line, the average citizen who only gets average time at the range will be able to load a semi-auto pistol faster, perhaps a few seconds faster, than a speed loader revolver. While maintaining eyes on target as well. With only seconds to spare, I still wouldn’t carry around an unloaded revolver.
Report Post »trolltrainer
Posted on September 12, 2011 at 3:08pmYeah, I apologize American Soldier, that was uncalled for. It was a quick, hair trigger response. See my above post in reply to yours. I do not disagree.
Report Post »Lord Drexil
Posted on September 12, 2011 at 6:42pmSorry to offend, but when people start to nit-pick language on a forum it gets my ire up – especially when their nit-picking doesn’t add a thing to the discussion and just results in taking away attention from the main points being made. As for my remark to TrollTrainer – I thought it was appropriate for someone who I percevied as a Forum Troll. Who cares whether or not someone calls a clip a magazine or vice versa – a forum is not a formal firearms training class and most people reading it knew what was being said. End of Rant.
Report Post »trolltrainer
Posted on September 12, 2011 at 7:05pmYes, me Lord dribble…
Yet another trait a real deputy sheriff would not have…jumping to conclusions. I actually worded my first response to your perceived highness quite considerately but you still jump to the conclusion I am a forum troll, without even reading any of my other posts on this site. Something you probably do not even know how to do…
I give credit where it is due and I apologize when I am in the wrong. In this case my opinion of you has dropped considerably from its already low level. You are irrational and easily upset and you do not even have the basic terminology of someone who is supposedly trained on firearms. I call BS.
Once again, have a nice day.
Report Post »AlansTigg
Posted on September 12, 2011 at 1:51pmLove the cop, Jeremy was a little annoying
Report Post »mudvilles9
Posted on September 12, 2011 at 2:03pmAgreed. Jeremy you made your point you should have been more courteous to him since he showed you respect and didn’t lose his cool. When you act like you did you don’t really make your point. Make your point Jeremy, just do it with some class and don’t be an asshat.
Report Post »bagpipes4funerals
Posted on September 12, 2011 at 1:50pmIs it legal to OPEN CARRY the weapon but have a clip of ammo in your pocket? I open carry in Louisiana and conceal carry everywhere else.
Report Post »libertytreecaretaker
Posted on September 12, 2011 at 3:14pmNo in California if you put the ammo in your pocket it is considered concealed and is a felony.
Report Post »Everything must be in pain site. The law is still real strict if you come within a thousand feet of a school its a felony our enter feberal property.
TH30PH1LUS
Posted on September 12, 2011 at 1:50pmIn Israel, you see men & women with rifles all day long. Some are in military dress – some in plain clothes. I felt TOTALLY safe while I was there.
Why do our American politicians only listen to the whinings of the hyper-fearful?
Report Post »rienheart
Posted on September 12, 2011 at 1:50pmDisarm the Population, and it will be a Haven for Mexico and Drug Gangs who don’t obey our Laws, to completely take over California. CALIFORNIANS FIGHT BACK!!! GET RID OF ALL YOUR PROGRESSIVE/COMMUNIST POLITICIANS!!!! Become a Part of America again.
Report Post »jakartaman
Posted on September 12, 2011 at 1:50pmWhat a great police officer!
Report Post »And Sir thank you for your Marine service to our country.
Stay strong and stay safe – unfortunately I think we are going to need you!
mudvilles9
Posted on September 12, 2011 at 2:00pmAwesome police officer who gets it. Matt (the cop) handled himself in the most professional way imaginable. God Bless you Matt for not losing your cool and doing your job in a manner worthy of your profession. We need more cops like Matt here.
Report Post »swehes
Posted on September 12, 2011 at 2:31pmI too thought it was refreshing to see a police officer doing what he did respectfully and with safety in mind.
Report Post »This_Individual
Posted on September 12, 2011 at 1:47pmJerry Brown, Gill Sedillo, and public unions need to be expelled from our state capitol. This is nothing compared to what Jerry is trying to get passed now… I’m sure The Blaze will put that story up soon.
Report Post »And as for you folks bashing my state, keep watching those planes fly overhead.
riseandshine
Posted on September 12, 2011 at 2:27pmI vacationed there this summer…in the Sierras, then down by the beach where the climate couldn’t have been more comfortable..mid 70s….very nice.
Report Post »This_Individual
Posted on September 12, 2011 at 6:32pmRise, that’s the real California :) I’m glad you enjoyed it!
Report Post »bhelmet
Posted on September 12, 2011 at 1:47pmLast I checked, states don’t have the authority to overturn the Constitution. My bad, the Constitution is dead in Cali and everywhere else – unless it fits a member of the power structure’s agenda.
Report Post »kibitzer
Posted on September 13, 2011 at 8:03pmThis is actually a tricky constitutional question, as I understand the matter, bhelmet. Basically: the Constitution gives the federal government only those powers specified, ie, it is a government of limited & delegated powers (”few and defined,” in the words of the Father of the Constitution, James Madison). All the rest “are reserved to the States respectively, or to the people” (10th Amendment). So the Bill of Rights is basically a statement of examples of rights that the federal government cannot abrogate (’Congress shall make no law…except upon probable cause…” etc). All those sorts of rights are retained by “the people”, and secured by their state constitutions. So from this perspective, there is no ‘constitutional right’ PER SE to keep and bear arms; those specifics are left up to the individual states. However: the wording of the 2nd Amendment makes it sound as though it is a guarantee of that right, and acknowledged in the Constitution. So that specific right is not just an example of the powers that the federal government is not allowed to take unto itself to determine; it is in fact being guaranteed by the federal government in the Constitution.
Some recent decisions by the Supreme Court are upholding this take on the matter. But it is, as I say, a tricky matter, because it is giving the Supreme Court the power to decide such issues, when most such issues are really a matter for the states to determine, by their citizens.
‘Tiz a puzz
Report Post »gmoneytx
Posted on September 12, 2011 at 1:44pmO.k. let me get this straight, carry open “unloaded” to promote my 2nd amendment rights?
Report Post »American Soldier (Separated)
Posted on September 12, 2011 at 2:41pmIt’s a display to let people know about the law, about the desire to repeal or criminalize the act, and to also let people know that law abiding citizens with guns is not something scary. I open carry all the time here in Tennessee. No one freaks out over here. Why? Because they’re use to it. Californians need to get use to the idea of law abiding citizens carrying guns and open carrying is the best way to do that.
Report Post »bhelmet
Posted on September 12, 2011 at 1:44pmNot only is Cali in trouble from the Narco-Mexicans, but I bet the folks in Lodi are quite happy as well.
Report Post »COFemale
Posted on September 12, 2011 at 1:42pmOkay what is dumb about this is if you can only open carry with an unloaded gun, what is the point?
I’d rather it be concealted carry with a loaded gun.
Report Post »old white guy
Posted on September 12, 2011 at 1:47pmso, carry it loaded and shoot the first ***** who tries to take it from you.
Report Post »JohnBirch
Posted on September 12, 2011 at 1:51pmObviously it is activism in support of the 2nd amendment. Openly carrying a LOADED weapon in CA will get you arrested. It appears to me these are good citizens trying to win back their state and more reasonable laws re: the 2nd.
Report Post »AlansTigg
Posted on September 12, 2011 at 2:06pmcarry ammo too and load the clip if you need to shoot someone
Report Post »banjarmon
Posted on September 12, 2011 at 1:39pm10 to 1 open carry prevents crime!!!
Report Post »COFemale
Posted on September 12, 2011 at 1:43pmNot if you can’t have bullets in the gun, it is moronic.
Report Post »MODEL82A1
Posted on September 12, 2011 at 1:54pmI would bet that, under current California law, you could legally open-carry your pistol “loaded” with nothing but “bullets” if you wanted to.
Report Post »American Soldier (Separated)
Posted on September 12, 2011 at 2:44pm@COFEMALE
They can have a magazine on the other hip. With training and practice, they can have it locked and loaded in a second or two.
Report Post »MODEL82A1
Posted on September 12, 2011 at 1:39pmHaven’t heard much from the Obama-Influenced Supreme Court of the United States lately. Maybe this will give them a chance to show us what they’re made of.
Report Post »As an aside, I’ve decided that the job of United States Supreme Court Justice is the single cushiest job in America. Nice work, if you can get it.
eat-more-bacon-USA
Posted on September 12, 2011 at 1:39pmΜΟΛΩΝ ΛΑΒΕ! – - – Molon labe!
Report Post »MODEL82A1
Posted on September 12, 2011 at 1:45pmI ALMOST hope Beck is right and things do turn openly violent in the USA. At least then we’ll separate the talkers from the doers.
Report Post »13th Imam
Posted on September 12, 2011 at 1:37pmGod Bless this POLITE Police Officer. Thanks for your service, and for actually listening to this citizen.
Report Post »SpankDaMonkey
Posted on September 12, 2011 at 1:37pm.
Report Post »Sounds like an invitation to “Rob Califorina”……………….
progressiveslayer
Posted on September 12, 2011 at 1:37pmCalifornia is a lost cause,Mexico can have it it’s too late to save them.
Report Post »On The Bayou
Posted on September 12, 2011 at 1:46pmMr. Progressiveslayer your correct Sir, I was in Stockton CA. two weeks ago on a job. I could just a soon been in Mexico. I felt like should have been carrying my Passport.
Report Post »bill oswald
Posted on September 12, 2011 at 1:37pmThe more I hear about CA the more I feel they should leave the union and become a country buy themselves. What a savings. The US could balance the budget in no time.
Report Post »Mandors
Posted on September 12, 2011 at 1:36pmLet’s see: lawsuit, law ruled constitutional by USDC in CA, upheld by 9th Circuit, then overturned 5-4 Supreme Court. Did I miss anything? I mean aside from the blatant fascism on the part of the bill’s sponsors.
Report Post »Ozzie
Posted on September 12, 2011 at 1:35pmI have no problem with this. People openly displaying an UNLOADED firearm in public are asking for a criminal to jump them, kill them, and steal the firearm from them. However, I believe California should allow concealed carry. Unfortunately it will never happen there.
Report Post »Amren
Posted on September 12, 2011 at 1:51pmCarrying an empty gun makes as much sense as…….Huh!
Report Post »Imagine that! I can’t think of anything stupider than carrying an EMPTY gun!
Here in America (Arizona) we find it strange when folks aren’t carrying a gun.
California is full of PANSIES!!!
Man up, CA! And, load up, too!!!
Flyingfish
Posted on September 12, 2011 at 2:04pmJoin the military to learn more about it. I can’t tell you how many times in deployed locations they issued us rifles but no magazines or they did but no bullets.
Appearances work to a point. Considering the abismal level of ignorance in California even an unloaded firearm is an unacceptable threat.
Report Post »Nlitend1
Posted on September 12, 2011 at 2:08pmgood point, conceal and carry laws actually deter crime whereas this bastardization is counter to all logic.
Report Post »American Soldier (Separated)
Posted on September 12, 2011 at 2:50pm@OZZIE
California does have conceal carry permits but it’s a “MAY” issue state meaning it’s up to the local sheriff whether or not he may issue you the permit. 9 times out of 10 he will not issue it.
@ AMIE
You act like the carrier isn’t carrying a magazine with ammo in easy reach. Which would you rather have in a life threatening situation? No gun or an unloaded gun on your right hip and a 10 (stupid california!) round magazine on the left hip, which can be combined within 2 seconds to become a lethal, self-defense tool to protect your life?
Personally, it’s better than nothing! If I had to carry like these californians do, I’d be practicing loading drawing and loading daily.
Report Post »RightPolitically
Posted on September 12, 2011 at 1:35pmWhat the hell is up with openly carrying “unloaded” handguns? Carry loaded. Those Senators need to be defeated in the next election……. but won’t be. California IS A DISGRACE!
Report Post »smithclar3nc3
Posted on September 12, 2011 at 1:40pmCalifornia can start enforcing that law by unarming it’s gastepo officers who are too effing trigger happy.
Report Post »ares338
Posted on September 12, 2011 at 1:34pmDon’t you just hate California?
Report Post »This_Individual
Posted on September 12, 2011 at 1:40pmNo.
Report Post »franko58
Posted on September 12, 2011 at 1:59pm“YES”! I spent 5 years out there, It’s a huge police state, and of course it’s the………………..left coast ! LIBERALS, LIBERALS, LIBERALS all over the place, and of course the police LOVE OBAMA AND THE UNIONS !!!
Report Post »Susan Harkins
Posted on September 12, 2011 at 1:33pmAnother example of Govt, trying to disarm its populous.
Classic Totalitarian Behaviour.
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