California Bans Carrying Firearms in Violation of U.S. Constitution

Open Carry has been legal in the State of California since its inception, and there has never been a single case of an Open Carry advocate ever committing a violent crime in the Golden State’s entire 160-year history. Today Governor Jerry Brown announced that he has signed into law a bill banning the Unloaded Open Carry of handguns, which takes affect on January 1, 2012. 

California is a “May Issue” state for Concealed Carry Weapons permits.  The decision to grant a CCW  Permit being granted (or refused) at the discretion of the County Sheriff or Police Chief. Some sheriffs/chiefs issue on a reasonable basis, others are next to impossible to persuade. Some of them have illegal policies and only issue permits to a privileged few (10 permits issued in all of San Fransisco County).

California Penal Code12050.  (a) (1) (A) The sheriff of a county, upon proof
that the person applying is of good moral character, that good
cause exists for the issuance, and that the person applying
satisfies any one of the conditions specified in subparagraph
(D) and has completed a course of training as described in
subparagraph (E), may issue to that person a license
to carry a pistol, revolver, or other firearm capable of
being concealed upon the person in either one of the 
following formats:
  (i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
  (ii) Where the population of the county is less than
200,000 persons according to the most recent federal
decennial census, a license to carry loaded and exposed in
that county a pistol, revolver, or other firearm capable of
being concealed upon the person.
  (B) The chief or other head of a municipal police
department of any city or city and county, upon proof
that the person applying is of good moral character, that good
cause exists for the issuance, and that the person applying
is a resident of that city and has completed a course of
training as described in subparagraph (E), may issue to that
person a license to carry a pistol, revolver, or other firearm
capable of being concealed upon the person in either one of
the following formats:
  (i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
  (ii) Where the population of the county in which the city is
located is less than 200,000 persons according to the most
recent federal decennial census, a license to carry loaded and
exposed in that county a pistol, revolver, or other firearm
capable of being concealed upon the person.

The right to carry a firearm for personal protection is a basic, fundamental, and enumerated civil right that is guaranteed by the United States Constitution, confirmed by the US Supreme Court’s twin landmark rulings in both Heller and McDonald. 

Unloaded Open Carry was cited as an important right in California by two federal judges in recent court decisions. This decision on the part of Governor means that, as of January 1, 2012, the fundamental right to carry a handgun will be denied to law-abiding California residents.

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. If you find yourself in immediate danger, you could load your gun quickly and protect yourself. States may be able to ban people from carrying concealed weapons or prohibit them from carrying them openly, but probably not both.

Absent an open carry law, future courts should not be able to uphold the most severe concealed carry restrictions in the United States, which California now imposes. 

California is what happens when liberal fascists control government.  Brown also signed legislation approving a state version of the DREAM Act; a farm workers rights bill; a law limiting the use of tanning beds for those under 18 years old; and a union-backed bill prohibiting grocery stores from selling beer, wine or liquor using self-checkout lanes.