Sitting on California Governor Jerry Brown's desk are a number of bills, including AB 144 sponsored by Assembly Member Anthony Portantino (D – Pasadena). This bill would generally make it a crime to open carry handguns in California. California is one of 43 states which allow the open carry of handguns, typically in a holster.
Last week this column highlighted that a likely consequence of this bill becoming law would be widespread open carry shotguns or rifles in public places like Ralphs grocery stores, Starbucks, sidewalks, streets, and other public places from San Francisco to San Diego. But long gun carry rights do not satisfy the Second Amendment said the US Supreme Court in District of Columbia v. Heller (striking down the District of Columbia’s handgun ban even though long guns were not banned).
Accordingly, UCLA Law professor Adam Winkler wote in the LA Times that if
“California bans what is called "open carry," the state will probably have to loosen the standards for people to have permits to carry concealed weapons. In California, gun owners can only legally carry a concealed firearm, loaded or unloaded, if they have a permit. And in cities such as San Francisco and Los Angeles, "concealed carry" permits are very difficult to obtain — arguably too difficult, if AB 144 becomes law.”
Winkler goes on to explain that
“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. . . . Absent an open carry policy, however, future courts could have a much harder time upholding concealed carry restrictions [such as police discretion to deny issuance of permits to conceal handguns].”
All eyes now are on Governor Brown, a gun owner who is proud of his nickname "Governor Moonbeam." If Brown does not veto AB 144, he may soon earn the nickname "Governor Concealed Gun."
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