Last week the Assembly narrowly passed AB1934, which would repeal repeal California's open-carry gun law. California law now allows adults who are not prohibited by law to visibly carry an unloaded gun in public places, excluding school zones, government buildings, state and national parks and secured areas like airports. The law permits a gun owner to carry ammunition on the gun owner's belt belying the distinction between a loaded and unloaded gun. Police are permitted only to ensure the weapon is not loaded. They cannot check the gun's serial number, ask for the carrier's identification or detain him or her. It is also still legal to carry a concealed weapon although gun advocates claim such permits are and should be difficult to obtain. AB1934 is a logical extension of the Mulford Act, which already prohibits the carrying of a loaded weapon on one's person or in a vehicle in a public place or on any public street.
Earlier this year, Bay Area gun advocates staged frequent open-carry "meet-ups" at Starbucks coffee shops and other restaurants. People showed up at pre-determined places wearing their unloaded sidearms and hung out, drinking coffee or talking. Many members of the public, alarmed at the sight of people openly carrying a handgun, called the police. When the police arrived, they were only allowed to verify that the handguns were unloaded and, if it was, there were no charges. The Starbucks coffee chain announced that it will continue letting customers openly carry unloaded handguns in its coffee shops. I bet Starbucks would quickly change its policy if a group of black folks from the "hood" or "Arab-looking" folks in traditional Middle Eastern garb exercised their rights by carrying handguns with ammunition in their belts entered a Starbucks coffee shop and ordered coffee.
Such gatherings are advocated by the Unloaded Open Carry movement in California <www.baoc.us/Home_Page.html> Not surprisingly, many in the public find the practice of "packing heat" in places like Starbucks intimidating and potentially dangerous to their families and communities.
Why this American men's obsession with guns? The United States is a violent nation with the highest rate of firearm-related deaths among the industrialized nations. Over 70 million Americans own guns and 48% of all households have at least one gun. There are 200 million firearms of all types in the United States. In homes with guns, a member of the household is almost three times as likely to be the victim of a homicide compared to gun-free homes. On the average, if someone gets shot and killed, four out of five times it will be with a handgun. A 2010 Rasmussen Reports national telephone survey found that 47 percent oppose so-called “open carry” laws that would allow citizens to openly wear their guns in public and 41 percent favor such laws. In states where it is legal to openly carry a gun, a 2010 CBS News/New York Times Poll found that 74 percent believe that private businesses like stores and restaurants should be able to prohibit customers from openly carrying guns in their establishments.
I carried a 45 caliber standard issue handgun while serving in the U.S. Army in Vietnam. I have never owned gun or intend to ever own a handgun and I do not feel any safer knowing that 70 million other Americans own them.
Gun control advocates argue that they are just exercising their Constitutional rights and an unexercised right to openly carry a gun is a lost right. After all, "it is people, not guns, that kill people." (Actually, it is people with guns that kill the most people.) Regrettably, in the 2008 case of District of Columbia vs. Heller, the Supreme Court did find that Americans have a Second Amendment right to "keep and bear arms." However, this does not mean that federal and state governments cannot pass and enforce gun control laws. In fact, most gun control laws have been found to be valid after the Supreme Court decision.
AB1934 will be a tough sell in the Senate. The Brady Campaign <www.bradycampaign.org> and many law enforcement agencies are vigorously supporting the ban while gun advocates like the Unloaded Open Carry group and other pro-gun groups are against it. Lobbying by both sides will be hot and heavy. If AB1934 should become law it will most likely be challenged in court. Currently, the Supreme Court is debating McDonald v. Chicago to determine whether Chicago's 28-year ban on handguns violates Second Amendment rights. If the Chicago ban is struck down, then AB1934, if signed into law, might be struck down too.
I urge the Senate to pass AB1934.