In what seems total insanity, California has now banned the open carrying of firearms. Governor Jerry “Moonbeam” Brown (no relation, by the way) signed the bill late Sunday night and made California the fifth state to ban open carry.
Despite all the court decisions, media wringing of hands, and the hyperbole of gun phobics, the Second Amendment is fairly clear, succinct and to the point: A well-regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.
Let’s assume arguendo that restrictions on the concealed carrying of a firearm are constitutionally permissible, and the ability of Congress or the states to regulate the possession of firearms on school grounds, or bars and nightclubs, is a reasonable restriction on the right to keep and bear arms (I personally, despite court cases to the contrary, do not agree even with those restrictions) and that there is a reasonable basis to prohibit the concealed carrying of firearms. Following that logic, restrictions on how you carry a firearm do not necessarily infringe on our Second Amendment rights. After all, despite the restrictions and the government-imposed limitations on how we carry the firearm, we nevertheless can carry the firearm. One could – and I do – argue that the best way to avoid conceal carry restrictions is to simply open carry a firearm, thus avoiding the restrictions, the regulations and the government’s tracking of your gun possession.
Now we have California banning the open carrying of firearms, making it a misdemeanor. The California law makes it a misdemeanor to carry an exposed and unloaded gun in public or in vehicles, with violators facing up to a year in prison or a potential fine of $1,000 when the law takes effect on Jan 1, 2012. So now you can’t carry a concealed weapon without a permit and you can’t open carry at all, all of which raises the slightly more than just rhetorical question of what Second Amendment rights are left?
Part of the rationale for the ban on open carry in California was surreal. The author of the California legislation is quoted as saying that law enforcement officials have been concerned about the proliferation of guns in public and the tense situations that arise when someone sees another person carrying a firearm in public. He said the encounters can escalate quickly because others don’t know whether the gun is loaded or unloaded.
Really? Why would you confront someone carrying a weapon unless they were physically threatening you? Why would you ask someone if their firearm was loaded or unloaded? I was taught to always assume a weapon is loaded and treat it as such. In a statement loaded with ignorance, California Assemblyman Anthony Portantino, D-Pasadena (of course he’s a Democrat) said:
Main Street California is not the Old West, and you don’t need a gun to buy a cheeseburger.
Really? Let’s see, we’ve had shootings in McDonald’s in Detroit recently; and, oh yes, California. The San Ysidro McDonald’s massacre was an incident of mass murder that occurred on July 18, 1984, in a McDonald’s restaurant in the San Ysidro section of San Diego, California. The shootings resulted in 22 deaths (including the perpetrator James Huberty) and the injuries of 19 others. Had I been in that McDonald’s, Assemblyman Portantino, I certainly would have wanted one of my weapons with me. The death toll might have been lower.
The United States Constitution is under constant attack. Free speech, freedom of assembly, the right to keep and bear arms and others, are under constant attack because of the lack of individual responsibility and the maniacal desire to have the government protect us from all kinds of evil. Seems to me the biggest evil of all is the government that continues to whittle away at our liberties.
Hi there Mr. Brown.
Would just like to respectfully clarify that CA has banned the Open Carrying of handguns but not the banning of long guns (shotguns/rifles). Thus, it is unfortunate that we won’t be able to OC our handguns with more comfort, most Open Carry Advocates are preparing their long guns.
One of the problems I see with the protests is that if open carry advocates start to carry their long guns instead of being able to open carry, that will create the same kind of discomfort that was ostensibly the reason for the OC ban. I’d be careful about protesting by openly carrying because that will be used to further restrict Second Amendment rights. I’m fully supportive of open carry, but would urge caution in the protests as it might spark further restrictions.
How do I explain to a vet with missing limbs or the parents of a sevice man killed fighting to protect our freedom and our rights, that while they were laying there lives on the line, we sat on our butts and let our elected domestic enemies (Jerry moonbeem Brown and Anthony Portatino ) trade
away our 200 year old rights?
You can argue until your blue in the face as to right or wrong, a threat to public safety, or any other take you might have on the matter.
The truth is it has nothing to do with 2nd amendment rights – what’s going on here is simply stupid voters being duped again.
Here’s how this works: Anthony Portantino asks Moonbeem if he’ll sign into law his gun ban, as he been an ineffective politcal force thus far, this he realizes makes him unpromotable and leaves him an unknown.
Gov moonbeam needs some support in the weathly repulican area of Pasadeana, so deal is done.
No media outrage, minimal coveage. I know more about Michiel Jackson’s doctor, and whether or not Britney Spears wears underwear than I do about what these two men have done to my constitutional rights.
Sorry son you’ve come home to a lesser America with fewer rights and more law.
Someday hopefully we as a people will elect a patriot instead of a politian.