Jerry Brown bans open carrying of handguns

Gov. Jerry Brown cited law enforcement support in 
banning open carrying of handguns. Unloaded 
rifles and shotguns are unaffected. (Rich 
Pedroncelli/Associated Press / September 29, 2011)


By Patrick McGreevy and Nicholas Riccardi, Los Angeles Times

October 10, 2011, 7:24 p.m.
Reporting from Sacramento—
With the announcement early Monday that he had 
outlawed the public display of handguns in 
California, Gov. Jerry Brown bucked a national 
trend toward more lenient firearms laws and 
placed himself in the political cross-hairs of 
the state's 2nd Amendment activists.

Brown, the owner of three guns, said in a 
statement that he signed a bill banning the open 
carrying of handguns at the urging of law 
enforcement officials, who included Los Angeles 
Police Chief Charlie Beck. It will take effect Jan. 1.

"I listened to the California police chiefs," the governor wrote.

California has allowed weapons to be displayed in 
public, provided they are not loaded. Gun 
enthusiasts took advantage of that to gather at 
Bay Area Starbucks outlets last year with pistols 
on their hips. Police chiefs and sheriffs 
complained that panicked customers' calls were 
diverting them from chasing real criminals.

Sam Paredes, executive director of the advocacy 
group Gun Owners of California, said the ban 
could lead, paradoxically, to more carrying of 
handguns. Courts, he reasoned, could now force 
the state's police to distribute more 
concealed-weapon permits to allow citizens to exercise their rights.

"This situation will be a catalyst to unite all 
of the gun community in lawsuits,'' Paredes said. 
"The probable outcome is you will have far more 
people carrying concealed loaded guns as opposed 
to openly carrying unloaded guns.''

The open-carry prohibition was one of a clutch of 
bills the governor approved that stepped up gun 
control in California. One requires that sales 
records on long guns, including rifles, be kept 
by the state Justice Department to help solve 
crimes; another funds an aggressive campaign to 
get weapons held by felons off the streets.

By backing such measures, Brown is wading into a 
contentious national debate — and moving in a 
distinctly different direction from most of the 
country, according to organizations on both sides of the firearm debate.

Forty-two states allow open carry. Four recently 
passed laws permitting residents to tote guns 
anywhere, even into churches, bars and government buildings.

A host of other measures, such as Nevada relaxing 
requirements for concealed-weapon permits and 
Pennsylvania giving greater latitude for the use 
of firearms in self-defense, have been signed by 
the wave of Republican governors who swept into office last year.

Brown's recent moves are the latest example of 
California forging its own path on gun 
regulations, said Brian Malte of the Brady Campaign to Prevent Gun Violence.

"Over the last few years, California is the only 
state where gun control laws are being enacted on a frequent basis," he said.

But Assemblyman Jim Nielsen (R-Gerber), who voted 
against the open-carry ban in the Legislature, 
decried Brown's actions, particularly because the 
governor recently made counties responsible for 
some criminals who in the past would have been sent to state prisons.

"The government's responsibility to provide for 
public safety is faltering," Nielsen said in a 
statement, "and now we're impeding honest, 
law-abiding citizens from being able to exercise 
their constitutional rights to protect themselves and their families?"

Second Amendment activists say they want to 
remove the stigma that has become attached to 
guns by carrying their firearms during everyday 
activities. They contend that the practice is a 
throwback to pre-20th century society, in which 
it was criminals who hid their weapons and 
law-abiding citizens who advertised that they were packing heat.

To those whose job is enforcing laws, the practice is a dangerous anachronism.

"For law enforcement officers and community 
members, any type of weapon being carried, openly 
or concealed, could appear as a threat to their 
well-being and is regarded as a public safety 
threat,'' Los Angeles County Sheriff Lee Baca 
said Monday. He joined Beck and other California 
police officials in supporting the measure.

The new law exempts peace officers, hunters and 
people attending gun shows or going to shooting 
ranges from its penalties of up to a year in 
prison and a $1,000 fine. It does not prohibit 
the public carrying of unloaded long-barrel 
weapons such as rifles — a silence that 
open-carry advocates say they will exploit.

Yih-Chau Chang, an open-carry practitioner in the 
Bay Area, said he was disappointed but not 
surprised by Brown's action. He also said it 
would not stop him and others from publicly demonstrating their rights.

"Come Jan. 1," he said, "you will see us out 
there carrying unloaded rifles and shotguns.''

patrick.mcgre...@latimes.com

nicholas.ricca...@latimes.com

Copyright © 2011, Los Angeles Times



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