California Officials Propose New Legislation to Curb Gun Violence
California ranks first in the nation for gun safety. But the mass shootings of 19 Californians last month have prompted Governor Newsom, Attorney General Rob Bonta, and a state senator to propose new amendments that are designed to strengthen gun safety laws and make them even stronger.
California’s rate of deaths caused by guns is 37% lower than the national average. According to the Centers for Disease Control and Prevention, the state has only 8.5 deaths per 100,000 people. The Public Policy Institute of California found, “Compared to citizens of other states, Californians are about 25% less likely to die in mass shootings.”
But even though these organizations and the Giffords Law Center, a non-profit founded by former Congresswoman Gabrielle Giffords, rank California as the safest state in the country, that distinction is of little comfort to the victims of Monterey Park and Half Moon Bay. Governor Newsom and other state leaders are now taking steps to further decrease the violence.
When announcing his support for the new legislation on February 1, Newsom said, the new amendments will contain “several fixes necessary to update the standards and processes for obtaining a public carry permit in California.” A press release from his office explained, “Only in America do we see the kind of carnage and chaos of gun violence that destroys our communities and our sense of safety and belonging... America is number 1 in gun ownership and we far surpass every developed nation on Earth in gun deaths – it’s not complicated. We’re doubling down on gun safety and strengthening our public carry law to protect it from radical Republican attacks.”
Senator Anthony Portantino (D) introduced Senate Bill 2 on January 31 to amend the state Penal Code in several ways to “strengthen existing public carry laws and ensure that every Californian is safe from gun violence.” When introducing his new amendments he said, “In the wake of the recent tragedies in Monterey Park and Half Moon Bay and the continued threat of mass shootings, it’s critical that California leads on the issue of gun safety and reform. We must be diligent in addressing the gun violence epidemic in our country, and public carry laws are a key component of this.”
The bill explains that licenses will only be given to responsible and law-abiding individuals. Applicants must be of “good moral character,” meaning they do not pose a danger to themselves or others in the community. The new law would require more information about applicants than what currently exists. New applicants need to include their driver’s license or identification number and their fingerprints, which would be used by licensing authorities to locate the “final disposition” of state or federal criminal charges. Those who are denied licenses because they do not meet this standard would get a hearing.
Portantino’s bill would limit licenses to people who are 21 or older. Those who carry must be the recorded owner and they may not consume alcohol or controlled substances when carrying. False information or claims about being a peace officer would also prevent licensing. In addition, in order to obtain a license, applicants also need to complete a specified 16-hour training course that includes information on safe firearm storage, loading, unloading and handling. It would also instruct on what constitutes legal transportation of firearms.
The proposed legislation would improve the uniformity of licensing throughout the state. It would give local agencies, such as county sheriffs, the authority to issue licenses and it clarifies where guns may or may not be carried. In these ways, the bill explains, it “would create state-mandated local programs.”
The Bill would also remove exemptions regarding where a carrier can bring a firearm, assuring that guns will not be allowed in “certain sensitive places.” Currently it is a crime to bring unloaded guns into school zones or the offices or homes of the governor or members of the legislature, even with a license to carry. The new bill significantly narrows permissible areas for carrying.
California’s Attorney General, Rob Bonta, would be given more oversight authority under SB 2. He would be able to revise the standard application form if a committee deems it necessary. In the Governor’s press release, he added, “The mass shooting incidents we have seen over recent weeks bring to light the need for stronger protections for our communities. The fact is, individuals who are not law-abiding, responsible citizens simply shouldn’t possess firearms — and they especially shouldn’t be allowed to carry a concealed weapon in public. When a gun is placed in the wrong hands, it is deadly.
“The Second Amendment is not a regulatory straitjacket — we must protect our communities. The time for thoughts and prayers has long passed, we need brave and immediate action by our leaders – here in California and beyond. We owe our community stronger protections. I urge our state leaders to quickly adopt SB 2. We can’t afford to wait even one minute more,” Bonta said.
Newsom’s support for new legislation has been prompted by both a recent Supreme Court decision and a ruling from California’s Fifth Circuit Court of Appeals. Last year, the Supreme Court decided New York State Rifle & Pistol Association v. Bruen, Superintendent of New York State Police. In a 6-3 decision, it struck down a New York gun law that places restrictions on carrying a concealed weapon because it violated the Second Amendment of the U. S. Constitution. Then, on February 2, the Fifth Circuit struck down a federal law that prohibits those with domestic violence restraining orders from possessing guns.
Newsom made a public statement wondering “what’s next?” He told the justices to “Wake up America-this assault on our safety will only accelerate. This is serious…” Then he warned his constituents that the worst is likely yet to come. “We are probably only weeks away from another activist judge, Judge Roger Benitez, striking down California’s bans on assault weapons and large capacity magazines. California will continue to fight against these extremist judges to protect our residents’ right to be free from gun violence.”
