Politics & Government

'Open Carry' Law Under State Senate Review This Summer

Portantino's bill that would make it illegal to openly carry an unloaded gun in California will go before the Senate during late summer.

Assemblymember Anthony Portantino’s (D-La Cañada Flintridge) bill that would make it illegal to openly carry an unloaded gun in public passed the Senate Appropriations committee yesterday. It will move on to full Senate hearings later this summer.

It is currently legal to carry an unloaded gun in California, with certain restrictions: the firearm must be unloaded, unconcealed and may not be carried in prohibited areas like school zones, post offices, state parks and government buildings. People are allowed to carry ammunition with their firearm.

Portantino, who is Altadena's representative in the Assembly, has said that practicing open carry wastes law enforcement resources and that it has the potential to create dangerous situations.

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“…Law enforcement says [open carry practices] wastes time and resources when they could be out catching bad guys,” said Portantino in a statement.  “Instead, they are tied up dealing with calls from the public about gun-toting men and women in the coffee shop.  As law enforcement officials tell me, it’s not safe and someone is going to get hurt.”

If AB 144 were passed, carrying an unloaded gun would become a misdemeanor, with penalties of up to one year in jail and/or a $1000 fine. Certain people would be exempt from the law, such as law enforcement workers, security guards, hunters and people with specific licenses.

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The open carry movement has strong opposition to AB 144, saying (among other things) that it violates the Second Amendment, which gives citizens the right to “keep and bear arms.” Open carry organizations frequently organize dinners and outings where supporters display their unconcealed weapons as a group. In April, the group South Bay Open Carry held one such meet up at a Pasadena restaurant just blocks from Portantino’s office.


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