MudCamper
Founder's Club Member
Help Fight AB1934
UPDATE: WE WON! AB1934 has been defeated! Congratulations and thanks to all involved.
And in a strange twist of fate, AB1934 has helped our cause immensely. It has given OC tremendous public exposure. It is now likely that every LEO in the state is now aware that UOC is something that they will see, and more importantly, that it is legal. Thank you Lori Saldana, for helping us spread the word!
Sign the petition opposing AB1934
OCDO AB1934 Action Page
Help fund radio ads against Saldana and AB1934
NRA-ILA ALERT 9/4/10 Open Carry Ban Advances to Senate Floor
CalNRA Action Page
Contact your state Senator
AB1934 info and status
Know your legislators
Find your legislators
CalGuns Foundation letter opposing AB1934
Reasons to oppose AB1934 (aside from the obvious):
If this bill becomes law it will prohibit the carry of unloaded handguns in most common areas of the National Forests and BLM lands where historically and currently firearms are welcomed. Language in the newly proposed PC section 12037 includes, "in any public place or on any public street in a prohibited area of an unincorporated territory" and "prohibited area means any place where it is unlawful to discharge a weapon". This combined with NF, BLM, and other safety regulations about where shooting is allowed will ban carry in these areas. This will also ban the carry of handguns in all of California's National Parks, something which was only recently opened up via new Federal legislation.
If this bill becomes law it will prohibit current lawful carry of firearms even on private property. The proposed PC 12037 bans carry in "public places" which will trigger legal definitions of "public place" on any private property that is open to public access.
This bill’s striking of the clear definition of open carry in a belt holster from PC 12025 while adding the new open carry language in PC 12037 creates a condition where a person can be in violation of both concealed carry and open carry at the same time! PC 12025 only requires partial concealment, as ruled in People v Hale. But clear language in 12025 defines that handguns carried in belt holsters are not concealed. AB1394 removes this clear definition from 12025, and creates this muddled law where one can simultaneously be carrying openly and concealed.
Given the recent Heller and McDonald Supreme Court rulings, if this bill passes, it will be unconstitutional on 2nd Amendment grounds, will immediately be challenged in court, and will cost the State of California money to defend it. Given the State’s current financial crisis, it would be extremely irresponsible to pass this bill.
This bill is also a violation of the 1st Amendment. As pointed out by this bill’s author, unloaded open carry is often done as a form of political protest, to voice opposition to discriminatory concealed carry laws. Laws that restricts speech, even symbolic speech, have repeatedly been ruled as unconstitutional.
UPDATE: WE WON! AB1934 has been defeated! Congratulations and thanks to all involved.
And in a strange twist of fate, AB1934 has helped our cause immensely. It has given OC tremendous public exposure. It is now likely that every LEO in the state is now aware that UOC is something that they will see, and more importantly, that it is legal. Thank you Lori Saldana, for helping us spread the word!
Sign the petition opposing AB1934
OCDO AB1934 Action Page
Help fund radio ads against Saldana and AB1934
NRA-ILA ALERT 9/4/10 Open Carry Ban Advances to Senate Floor
CalNRA Action Page
Contact your state Senator
AB1934 info and status
Know your legislators
Find your legislators
CalGuns Foundation letter opposing AB1934
Reasons to oppose AB1934 (aside from the obvious):
If this bill becomes law it will prohibit the carry of unloaded handguns in most common areas of the National Forests and BLM lands where historically and currently firearms are welcomed. Language in the newly proposed PC section 12037 includes, "in any public place or on any public street in a prohibited area of an unincorporated territory" and "prohibited area means any place where it is unlawful to discharge a weapon". This combined with NF, BLM, and other safety regulations about where shooting is allowed will ban carry in these areas. This will also ban the carry of handguns in all of California's National Parks, something which was only recently opened up via new Federal legislation.
If this bill becomes law it will prohibit current lawful carry of firearms even on private property. The proposed PC 12037 bans carry in "public places" which will trigger legal definitions of "public place" on any private property that is open to public access.
This bill’s striking of the clear definition of open carry in a belt holster from PC 12025 while adding the new open carry language in PC 12037 creates a condition where a person can be in violation of both concealed carry and open carry at the same time! PC 12025 only requires partial concealment, as ruled in People v Hale. But clear language in 12025 defines that handguns carried in belt holsters are not concealed. AB1394 removes this clear definition from 12025, and creates this muddled law where one can simultaneously be carrying openly and concealed.
Given the recent Heller and McDonald Supreme Court rulings, if this bill passes, it will be unconstitutional on 2nd Amendment grounds, will immediately be challenged in court, and will cost the State of California money to defend it. Given the State’s current financial crisis, it would be extremely irresponsible to pass this bill.
This bill is also a violation of the 1st Amendment. As pointed out by this bill’s author, unloaded open carry is often done as a form of political protest, to voice opposition to discriminatory concealed carry laws. Laws that restricts speech, even symbolic speech, have repeatedly been ruled as unconstitutional.
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