Gun Control in California
Content
Bumbu Alexandra-Laura
Gun Control in California
Gun control is a matter of great importance and also a controversial topic in America. While many people are against the right to carry a gun, there are many voices who say that people should have the right to own a gun because it is an important tool for their own safety. In this category enters the website gunssavelives.net, where people submit stories of people whose lives were saved because they owned a gun. For the state of California, 50 stories of such type are published on the website. The most recent one, from October 15, 2013, is telling the story of a 75-years-old California resident, who used a firearm to level the playing field against a much younger, teenage assailant. The way the author of the article is beginning the news is illustrative for his opinion on the matter of gun control: “Once again we have another story illustrating how guns are the great equalizer for those who are unable to defend themselves physically.”1 On the other side, there are many research papers which analyze the link between gun control laws and violence, one of these being Gun Laws Matter 2012: Understanding the Link Between Weak Laws and Gun Violence, where each state was graded according to the effectiveness of the gun control laws on the diminishment of violence involving firearms. In this research study, California ranked 1st out of 50 – having enacted the strongest gun violence prevention legislation in the nation. First of all, the California Constitution contains no provision regarding a “right to bear arms”, but it prohibits any person from carrying a loaded firearm (open or concealed) on his or her person in most locations. Exception from this prohibition makes a county that has a population of less than 200,000 persons, where the sheriff of the county or the chief of police of a city within that county may issue a license to carry a loaded, exposed handgun. This license is only valid in the county where it was issued.2 Also, minors are prohibited from possessing a handgun. Exceptions to this prohibition include situations where a parent or legal guardian is present or has consented to the possession. In addition, minors may possess handguns when engaged in certain recreational sports, including, but not limited to, competitive shooting; agricultural, ranching, or hunting activities; and any motion picture,
1
http://gunssavelives.net/self-defense/75-year-old-california-homeowner-shoots-teenage-burglar-whoattacked-him/ 2 http://smartgunlaws.org/open-carrying-in-california/
Bumbu Alexandra-Laura television, or video production, or entertainment or theatrical events, the nature of which involves the use of a firearm. There is no minimum age to possess rifles and shotguns in California, although federal age restrictions still apply.3 Regarding the generally prohibited purchasers, the California law prohibits the purchase or possession of firearms by any person who has been convicted of a felony, or is addicted to narcotic drugs; knows he or she is subject to a protective order, restraining order, temporary restraining order or injunction issued by a court pursuant to state law or has a history of mental illness or chronic alcoholism.4 Also, guns are prohibited in schools and in vehicles, with a few exceptions. The purchasing of a firearm must be done in a licensed location and from a licensed firearm dealer. In order to become a firearm dealer in California, a citizen must fulfill all the requirements stated in the California law, from having a valid federal firearms license from ATF to being on DOJ’s centralized list of all persons licensed to sell firearms. Also, a licensed firearms dealer is prohibited from delivering a firearm during the state’s ten-day waiting period, or while DOJ has placed the sale on hold.5 All these examples taken from the California Penal Code show that people are becoming more aware of the importance gun control laws have in a world where violence surrounds us. California gun control laws are strong, but after the incident of Newton school shooting, when 20-year-old Adam Lanza fatally shot twenty children and six adult staff members, California legislators passed a historic number of 17 bills to help prevent gunrelated deaths and injuries in California. In my opinion, the gun control laws are pretty strong in California as opposed to other states in America, but there is always place for improving, as shows the passing of 17 new bills on gun control in 2013 after an extremely violent gun-related incident that showed people that the harsher gun regulations are, the more such incidents can be avoided. I also believe that the Second Amendment of the Constitution should be respected only as long as it refers to the right to bear guns in order to protect your property and punish all other uses of guns outside one’s own property, except from sports. In this sense, guns could have a microchip that alerts the authorities if the gun is taken outside the property, this way avoiding the use of guns for other purposes.
3 4
http://smartgunlaws.org/minimum-age-to-purchase-possess-in-california/ http://smartgunlaws.org/prohibited-purchasers-generally-in-california/ 5 http://smartgunlaws.org/dealer-regulations-in-california/
Bumbu Alexandra-Laura Sources:
Dan Cannon, 75 Year Old California Homeowner Shoots Teenage Burglar Who Attacked Him, [available at http://gunssavelives.net/self-defense/75-year-old-california-homeownershoots-teenage-burglar-who-attacked-him] Law Center to Prevent Gun Violence, California State Law, [available at
http://smartgunlaws.org/california-state-law-summary]
Gun Control in California
Gun control is a matter of great importance and also a controversial topic in America. While many people are against the right to carry a gun, there are many voices who say that people should have the right to own a gun because it is an important tool for their own safety. In this category enters the website gunssavelives.net, where people submit stories of people whose lives were saved because they owned a gun. For the state of California, 50 stories of such type are published on the website. The most recent one, from October 15, 2013, is telling the story of a 75-years-old California resident, who used a firearm to level the playing field against a much younger, teenage assailant. The way the author of the article is beginning the news is illustrative for his opinion on the matter of gun control: “Once again we have another story illustrating how guns are the great equalizer for those who are unable to defend themselves physically.”1 On the other side, there are many research papers which analyze the link between gun control laws and violence, one of these being Gun Laws Matter 2012: Understanding the Link Between Weak Laws and Gun Violence, where each state was graded according to the effectiveness of the gun control laws on the diminishment of violence involving firearms. In this research study, California ranked 1st out of 50 – having enacted the strongest gun violence prevention legislation in the nation. First of all, the California Constitution contains no provision regarding a “right to bear arms”, but it prohibits any person from carrying a loaded firearm (open or concealed) on his or her person in most locations. Exception from this prohibition makes a county that has a population of less than 200,000 persons, where the sheriff of the county or the chief of police of a city within that county may issue a license to carry a loaded, exposed handgun. This license is only valid in the county where it was issued.2 Also, minors are prohibited from possessing a handgun. Exceptions to this prohibition include situations where a parent or legal guardian is present or has consented to the possession. In addition, minors may possess handguns when engaged in certain recreational sports, including, but not limited to, competitive shooting; agricultural, ranching, or hunting activities; and any motion picture,
1
http://gunssavelives.net/self-defense/75-year-old-california-homeowner-shoots-teenage-burglar-whoattacked-him/ 2 http://smartgunlaws.org/open-carrying-in-california/
Bumbu Alexandra-Laura television, or video production, or entertainment or theatrical events, the nature of which involves the use of a firearm. There is no minimum age to possess rifles and shotguns in California, although federal age restrictions still apply.3 Regarding the generally prohibited purchasers, the California law prohibits the purchase or possession of firearms by any person who has been convicted of a felony, or is addicted to narcotic drugs; knows he or she is subject to a protective order, restraining order, temporary restraining order or injunction issued by a court pursuant to state law or has a history of mental illness or chronic alcoholism.4 Also, guns are prohibited in schools and in vehicles, with a few exceptions. The purchasing of a firearm must be done in a licensed location and from a licensed firearm dealer. In order to become a firearm dealer in California, a citizen must fulfill all the requirements stated in the California law, from having a valid federal firearms license from ATF to being on DOJ’s centralized list of all persons licensed to sell firearms. Also, a licensed firearms dealer is prohibited from delivering a firearm during the state’s ten-day waiting period, or while DOJ has placed the sale on hold.5 All these examples taken from the California Penal Code show that people are becoming more aware of the importance gun control laws have in a world where violence surrounds us. California gun control laws are strong, but after the incident of Newton school shooting, when 20-year-old Adam Lanza fatally shot twenty children and six adult staff members, California legislators passed a historic number of 17 bills to help prevent gunrelated deaths and injuries in California. In my opinion, the gun control laws are pretty strong in California as opposed to other states in America, but there is always place for improving, as shows the passing of 17 new bills on gun control in 2013 after an extremely violent gun-related incident that showed people that the harsher gun regulations are, the more such incidents can be avoided. I also believe that the Second Amendment of the Constitution should be respected only as long as it refers to the right to bear guns in order to protect your property and punish all other uses of guns outside one’s own property, except from sports. In this sense, guns could have a microchip that alerts the authorities if the gun is taken outside the property, this way avoiding the use of guns for other purposes.
3 4
http://smartgunlaws.org/minimum-age-to-purchase-possess-in-california/ http://smartgunlaws.org/prohibited-purchasers-generally-in-california/ 5 http://smartgunlaws.org/dealer-regulations-in-california/
Bumbu Alexandra-Laura Sources:
Dan Cannon, 75 Year Old California Homeowner Shoots Teenage Burglar Who Attacked Him, [available at http://gunssavelives.net/self-defense/75-year-old-california-homeownershoots-teenage-burglar-who-attacked-him] Law Center to Prevent Gun Violence, California State Law, [available at
http://smartgunlaws.org/california-state-law-summary]
