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    Unloaded Carry

    By Donal on Thu, 05/26/2011 - 8:08pm | Politics



    I thought I knew the basic facts about Open Carry until I scanned this oped the other day:

    Gun control that won't

    What if we passed a gun control law but it led to more people carrying guns on our streets? That may be exactly what happens if a bill passed last week by the California Assembly becomes law.

    AB 144 would prohibit the carrying of visible firearms in California cities. It was inspired by the spectacle of gun-rights advocates showing up last year at Starbucks shops with their handguns prominently displayed. That's legal, as long as those guns are unloaded.

    What?

    In two recent lower court lawsuits challenging California's concealed carry laws, the judges upheld the restrictive policies in part because the state allowed open carry. The judges explained that because the state allows people to openly carry unloaded firearms without a permit, any 2nd Amendment right to have a firearm in public was satisfied. If you find yourself in immediate danger, you can load your gun quickly and protect yourself.

    Sorry, but that is the dumbest thing I ever heard. I'm no fan of Open Carry, but expecting people to load and fire in an emergency is just stupid. Either make it legal or illegal, but don't make it stupid.

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    I am put in mind of an exchange I once had with a Judge who was enquiring into the circumstances of my arrest for (inter alia) possession of a concealed weapon in the absence of a permit therefor.

    Judge: "Was it loaded"

    Rogie (who is proffering a defense based  upon his receipt of a Tarasoff Warning) "Of course it was loaded, your honor, do I look crazy?"


    by jollyroger on Thu, 05/26/2011 - 9:15pm

    Guns, guns everywhere a gun

    Shoot this

    Don't shoot that

    Don't you have a gun?


    by Richard Day on Fri, 05/27/2011 - 12:02am

    From a quick-draw standpoint it seems more silly for a revolver than an automatic. Popping in a clip should go pretty darn quickly with a little practice.

    It does seem kind of stupid though. But, hey, when some jackass accidentally drops his gun in the middle of a town hall meeting - at least there is little chance an innocent bystander would get shot by mistake.


    by kgb999 on Fri, 05/27/2011 - 2:24am

    I've been watching this closely. As the column this blog addresses indicates, this all started last year when South Bay Open Carry decided to hold a meet at a local coffee shop. The Brady Campaign to Aid and Abets Criminals got involved and convinced Peet's, Kalifonia Pizza Kitchen and Caribou Coffee (Not sure about thqat last one, but I think I'm right) to ban guns on their premises. The SBOC people repaired to Starbucks, where they were made to welcome. The Brady Bunch then went after Starbucks, whoi basically told them to blow it out their bunghole; that they follow state law and as long as the act is legal they won't exclude anyone who wants to spend their money there (a very sensible rule that neither supports or opposes the issue at hand, but supports the company's bottom line).

     

    As a result of this, Assemblywoman Lori (sp?) Saldana of San Diego introduced a bill that would have banned OC altogether. That bill was defeated at the last minute, but was reintroduced during this session and looks fair to pass. This would leave the only Concealed Carry (CC) method of carry in California. As such, the overly restrictive opinions of most of the Sheriff's who decide the degree of "worthiness" of the citizens of his or her county to carry a sidearm would come under question because of McDonald v Chicago.

     

    You see, last year Otis McDonald, the Second Amendment Foundation, the Illinois Rifle Association, et al took the city of Chicago to court, challenging the Chicago gun ban. On June 28, 2010 the Supreme Court of the United States decided 5-4 in favor of the plaintiff and Chicago lost the case. The 2nd Amendment now applies to the states... even California. As such, California, by making it virtually impossible to obtain a Concealed Carry permit, will be in direct violation of the right to keep and bear arms. SOMETHING has to break. My guess is that sometime in the fairly near future California will become a "shall issue" state for concealed carry permits. This means that after a reasonable background check that anyyone who is legal to BUY a handgun is legal to carry it concealed as long as they have a permit.

     

    It will either be that or the open carry gun ban will die a wel deserved death.

     

    By the way, an unloaded gun is a stick.


    by Jon (not verified) on Fri, 05/27/2011 - 7:41am

    This won't be solved until scary brown people start openly carrying six-shooters.


    by Rootman on Fri, 05/27/2011 - 8:11am

    Blac Panthers carrying loaded firearms is the reason for the passage of 12031 in the first place, IIRC, signed by Ronald Reagan.


    by Anymouse (not verified) on Sun, 05/29/2011 - 7:11pm

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