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Assembly passes crackdown on carrying unloaded handguns in public

Published: Tuesday, May. 17, 2011 - 12:00 am | Page 3A

Saying you don't need a gun to order a cheeseburger, a California lawmaker Monday pushed through the Assembly a crackdown on carrying unloaded handguns in public places.

Assemblyman Anthony Portantino's legislation takes aim at a movement that encourages people to show up at public places with unloaded handguns strapped to their side.

"Our families deserve to feel safe in our parks and coffee shops," said Portantino, D-La Cañada Flintridge.

"You don't need a handgun to order a cheeseburger," he said. "You don't need a handgun to order a cup of coffee."

The "open carry" movement created shock waves in 2009 when about a dozen people carrying guns, including one with a military-style rifle, stood outside an Arizona convention center where President Barack Obama was speaking.

Sacramento was the site of a demonstration involving protesters with unloaded guns last year, and Portantino said a group of gun-wearing people rode a light-rail train into Pasadena and rallied near his office recently.

Portantino's Assembly Bill 144 would make it a misdemeanor to display an unloaded handgun in a public place or on a public street in a city or in prohibited areas of unincorporated county land.

Violators would be subject to a maximum fine of $1,000 and six months in jail.

The crackdown contains numerous exceptions, including unloaded handguns displayed by peace officers and authorized gun owners, or for the purpose of parades, hunting, sales, motion picture production or while attempting to make an arrest.

Public display of rifles is not banned under the bill.

AB 144 is hotly contested by the GOP. A similar bill died in the Assembly when it was shelved in the final hours of last year's legislative session.

Monday's Assembly vote was 46-29, with no GOP support. The measure now goes to the Senate. Gov. Jerry Brown has not yet announced a position.

Opponents argue that AB 144 tramples on the constitutional right of law-abiding citizens to bear arms.

"You are disarming our citizens while doing nothing whatsoever to keep criminals from committing carnage in our streets," said Assemblyman Jim Nielsen, R-Gerber.

Assemblyman Steve Knight, R-Palmdale, said cities have the authority to pass ordinances banning "open carry" if they desire. There is no need for statewide legislation affecting rural areas that do not object to the practice, he said.

"This is going down that slippery slope that we always talk about," Knight said.

Supporters countered that openly displaying handguns can startle onlookers, scare children and provoke violence, and that it sparks phone calls requiring police to monitor the situation, thus wasting valuable resources in a year of layoffs and cutbacks.

"The last thing we need on our streets is more guns," said Assemblyman Tom Ammiano, D-San Francisco.

In lengthy debate Monday, opponents of AB 144 argued that "open carry" is the peaceful exercise of a civil liberty that doesn't harm anybody.

Supporters of Portantino's bill countered that some of the gun-wielding participants carry ammunition strapped to their belt, too, making it readily accessible for loading.

"Do any of us in this room want to bring our families to an event where people are carrying exposed weapons?" asked Assemblyman Mike Feuer, D-Los Angeles. "In my view, this is a public safety measure."

© Copyright The Sacramento Bee. All rights reserved.


Call Jim Sanders, Bee Capitol Bureau, (916) 326-5538.

Read more articles by Jim Sanders



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