California Gun Laws Concealed Carry

California Gun Laws Concealed Carry

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The intent of Senate Bill 2 is consistent with the Supreme Court’s decision in New York State Rifle & Pistol Assn. v. Brown maintains strict rules on who can obtain a concealed carry permit in California.

California Gun Laws Concealed Carry

A year after a Democratic fighter killed a high-profile gun control bill in Sacramento, California lawmakers on Tuesday successfully passed a law that would limit who can carry a firearm, making America a safer country. It is likely to reach the Supreme Court.

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State Sen. Anthony Portantino (D-Burbank) introduced Senate Bill 2 in response to last year’s Supreme Court ruling that struck down the mandatory and subjective privacy laws as unconstitutional, prompting California and some other Republican states to rewrite them. are trying Their gun laws.

Despite the support of both Governor Gavin Newsom and Atty. Gen. Rob Bonta said infighting in the Democratic caucus last year led to the bill’s demise, prematurely ending what legislative leadership considered priority legislation. Portenino reintroduced the measure ahead of the 2023 legislative session and promised to get enough votes to send it to Newsom’s desk this year.

Two mass shootings this year in Half Moon Bay and Monterey Park have put pressure on Democrats to end gun violence in California. While state gun laws are among the most restrictive in the country, some have been struck down by federal courts.

Senate Bill 2 is one of the few major gun control measures introduced this year. Its approval comes after lawmakers recently approved a landmark bill to impose an 11 percent tax on dealers and manufacturers on the sale of firearms and ammunition.

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“There’s a reason you’re less likely to die from a gunshot wound in California,” Newsom said in a statement after the Assembly passed SB 2.

The Assembly approved SB 2 by a 48-21 vote Monday and the Senate passed it 28-8, with one Republican and one Democrat voting against the measure. Now it’s up to Newsom, who has until Oct. 14 to sign or veto the measure.

California laws that prohibit unlicensed people from carrying firearms in public are under increasing legal threat after a court ruling Thursday.

The intent of SB 2 is consistent with the Supreme Court’s decision in New York State Rifle & Pistol Assn. v. California has strict restrictions on who can obtain a concealed carry permit.

“The Supreme Court forced California to rethink how we issue concealed carry permits,” Portantino said. “It’s setting a statewide standard for who can and can’t be trusted with the responsibility of permitting concealed carry … it makes sense.”

The high court’s ruling, with a 6-3 conservative majority, focused on whether concealed-carry laws in states like New York and California are constitutional or whether licensing officers have broad discretion to apply them. Most states have “issuance” laws that guarantee a permit when the applicant meets the licensure criteria.

Gun owners in New York successfully argued that the state’s “good cause” requirement to obtain a permit for self-defense violated the Second Amendment. The decision immediately invalidated California’s similar “good cause” standard.

The high court struck down gun laws in California, New York and six other states that limited the ability to carry concealed weapons.

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Writing for the court’s majority, Justice Clarence Thomas said states can still ban guns in a narrow list of so-called sensitive places that have historically banned guns, such as schools, government buildings or polling places. But in a concurring opinion, Justice Brett M. Cavanagh and Chief Justice John J. Roberts Jr. argued that states are generally allowed to include objective licensing criteria in their application process, including firearms. Training, fingerprinting, and background and mental health. Check.

Portantino’s measure includes more than two dozen “sensitive places” that do not allow concealed weapons, such as daycares and schools, bars, college campuses, government buildings, medical facilities, parks and playgrounds, and public transportation. and left The bill would automatically make commercial businesses gun-free zones unless the owner expressly designates them.

The bill also maintains strict application requirements for licensing officials, primarily county sheriffs, to determine whether a person is a “disqualified person” without obtaining a permit, a term that opponents of SB 2 See, they see it as another subjective term that doesn’t allow for constitutional equality. .

The protocol includes conducting in-person interviews, obtaining character references, and reviewing social media and other publicly available statements to identify security risks. The bill would require applicants to be 21, the same age to purchase a firearm, and would strengthen training and safe storage regulations.

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“We’ve seen time and time again that more guns are killing people across the country every day,” Assemblywoman Rebecca Bauer-Kahn (D-Orinda) said during an Assembly debate. “And we have to do that because the Activist Supreme Court has stepped in to take those laws away from us.” And our step is to get back to a place where we can make sure that the people who carry these weapons have the proper permits and do so in the proper places.

Hearings begin Monday in a series of challenges to California’s gun restrictions following a Supreme Court ruling that could overturn the state’s gun laws.

Republicans criticized the bill as a misguided and biased attempt by Democrats to blame legal gun owners for gun violence in California.

“We are punishing law-abiding people who exercise their constitutional rights and do nothing about the crimes that victimize people in this state every day,” said Yuba City Assembly Republican Leader James Gallagher. are “That’s sick. Don’t lecture me about gun control and gun violence if you’re not going to do something about the people who are the real problem.”

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Gun rights groups have already vowed to file a lawsuit to block the bill’s implementation. They quickly followed through on their promise by filing a lawsuit in federal court hours after the bill was passed.

California’s just-passed Senate Bill 2 … reverses the Brown decision, declaring almost all public spaces in California ‘sensitive spaces’ (in name only) and prohibiting any after going through a lengthy and expensive process. After that it is forbidden to carry a gun. A concealed weapons license (‘CCW permit’) is issued pursuant to state law,” according to a copy of the legal filing.

The Supreme Court is likely to focus on this matter once again. Legal challenges to similar laws passed by New York and other states in response to Brown’s decision are already underway.

Andrew Willinger, executive director of the Duke Center for Firearms Law at Duke University in North Carolina, said the Supreme Court’s decision has left many questions for lower courts to answer, causing a lot of confusion. Much of the legal uncertainty centers on sensitive locations and whether states can pass laws like SB 2 that would ban gun ownership in most public places.

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“I think sensitive locations are a little bit more important because even if you have a concealed carry license, you can’t take your firearm to this long list of places,” Willinger said. “Ultimately, I think this is probably something that will go to the Supreme Court in the next few years.”

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Hannah Wiley covers the Bay Area and North Coast for the Los Angeles Times. He previously served as a state politics reporter in The Times’ Sacramento bureau, covering legislative and important political issues such as housing, mental health, addiction, gun control and the state judiciary. Before coming to The Times, he covered state politics for the Sacramento Bee. Wiley holds a bachelor’s degree from Saint Louis University and a master’s degree in journalism from Northwestern University. It is based in San Francisco. The state decides whether to issue a concealed carry permit after the resident completes the application and meets the requirements. Some states only grant permits to residents, while others issue them to certain non-residents, such as members of the military.

The state will issue a concealed carry permit to anyone who applies and meets the requirements. Some states issue permits only to residents, while others grant permits to some or all residents.

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Note that “must issue” states may not require permits, and “constitutionally authorized” states may. If a state allows it, the state is the first to issue the permit. As of April 14, 2022, Vermont is the only state that has not issued permits.

In many “constitutional carry” states, permits are issued upon completion of an application and compliance requirements (concealed carry in other states) or for other reasons. Statuses “not permitted” and “residents only,

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