(CA) Handgun License Plan Clears Senate Panel

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http://www.latimes.com/news/state/20000628/t000061079.html

Handgun License Plan Clears Senate Panel

Legislature: Committee OKs bill calling for testing of buyers despite opponents' objection that a new bureaucracy will be created. Proposal for annual registration of all pistols and revolvers is rejected.

By CARL INGRAM, Times Staff Writer

SACRAMENTO--In a half-win for advocates of stricter firearms controls, a Senate committee voted Tuesday to license new handgun owners, but refused to require registration of pistols and revolvers.

The bill, AB 273, by Assemblyman Jack Scott (D-Altadena), would require purchasers of new handguns to pass a written safety exam and an actual firing test as a condition of ownership. Licensing would start Jan. 1, 2002.

Last fall, Gov. Gray Davis urged the Legislature to send him no substantial new gun measures this session. Implicit was a warning that he would veto such bills.

Backed by police chiefs and sheriffs, Davis said law enforcement needed at least a year to implement a long list of reforms approved last year, including tougher controls on assault weapons and tighter regulation of cheap handguns known as Saturday night specials.

Scott told the committee that licensing of handgun owners "works in states like Massachusetts, Illinois, Ohio, Michigan and many others. It can work in California."

Opponents, including the National Rifle Assn., warned against creating an expensive new bureaucracy, which they likened to the unpopular state Department of Motor Vehicles.

The committee balked at parts of the bill that would have created a companion program to annually register every handgun in California and run background checks on owners.

Sources indicated that registration is considered too unwieldy and politically risky in this election year.

"This is a very strong handgun safety licensing bill, but we still believe in the importance of registration. We'll pursue that next year," said Luis Tolley, Western director of Handgun Control, sponsor of the bill.

The committee approved the Scott plan on a bipartisan 5-0 vote over the opposition of the NRA, firearms retailers and gun owners. The measure went to the Appropriations Committee, where another fight is expected.

Assemblyman Kevin Shelley (D-San Francisco) told the Senate committee Tuesday that Californians want even more restrictions on firearms.

"Everybody hates the DMV, but there is no one who says let's get rid of the driver's license exam and we'll be safer as a result," Shelley said.

The licensing bill would apply to sales of new handguns only. Hundreds of thousands of existing guns in home safes and closets and forgotten in attics would not be affected.

It is unknown how many new guns are sold each year in California, said Michael Van Winkle, a spokesman for the state Department of Justice. But he said that last year 224,036 new and used handguns changed hands in retail and private sales. In 1998, Van Winkle said, there were 181,421 such transactions.

Currently, new handgun buyers must watch a video or pass a simple 30-question test before they can get guns. The test is widely considered of little value.

The test is in addition to a long-standing requirement that all gun purchasers must undergo background checks to determine if they are prohibited from owning guns because of criminal or mental health histories.

Under Scott's bill, a prospective purchaser still would get the background check but would also have to obtain an application for a license at a police or sheriff's department.

The applicant then would be required to pass a written safety examination and pass a hands-on firing test at a gun range as a condition of purchasing the handgun. The license would be good for five years.

But gun-owner organizations and other opponents warned that the bill would establish a mammoth bureaucracy with no clear promise that gun violence and deaths would be reduced.

Opponents noted, for example, that the bill would require the state to approve a gun range for applicant testing in every county. But some counties, such as San Francisco, have no public shooting range.

Ed Worley of the NRA said there is only one public range in the San Fernando Valley, one of the most populous regions in the country. Yet, he said, one gun shop in the Valley last year sold more than 2,000 handguns.

Where, he asked, would these customers take their firing tests? He said the police departments and the firing range would be hopelessly overwhelmed by applicants.

Under questioning, Randy Rossi, a Department of Justice gun expert, acknowledged that approving a firing range in every county "is a concern of ours."

Another opponent, Jerry Upholt of the California Rifle and Pistol Assn., testified that the proposed $32 cost of a license was unrealistically low and would never pay for all the operational costs of the program.

Upholt also challenged the idea that licensing would make society safer.
"Criminals don't get licenses. People who are inclined to be unsafe are not all of a sudden going to be safe because they went through a course and got a license," he said.

Copyright 2000 Los Angeles
 
For those of you looking into this loony bin from the outside, AB273 is an example of the Dems *seriously* screwing up.

AB273 started out as a fairly modest bill; it creates a "handgun BUYER'S license" program. Not great, but at least you can own your current stuff without dealing with any BS. And the costs and delays weren't bank-breakers.

Even at that level, Gov. Davis was in a near-panic trying to kill it. Now that the latest version has grown serious horns and teeth, he's gotta be going crazy...because this turkey is a certain recipe for a November backlash.

That's Davis's biggest fear. Even the earlier "mostly annoying" version could have caused a massive GOP landslide in November.

See, the last Governor's race was between Davis, a moderate Dem with little history of "hardcore anti-gun activism" (read: he'll vote grabber, but he's not a source of new bills) versus GOP Lungren who was little less than a flat-out Fascist. The pro-gun vote couldn't quite bear to vote for Dem Davis but we didn't vote Lungren either - and we were the margin of Lungren's loss.

There have been other recent votes that took a "conservative" tone, notably an anti-gay-marriage bill. And last year the Dems crammed through a flood of gun control.

Davis has asked for "no new gun laws" so that we can "evaluate the effects of last year's bills". What's really going on is he wants the gun vote to settle down and forget last year (not likely).

AB273 is a massive monkeywrench in Davis's plans. It doesn't even have to pass to get us gunnies all riled up in time for November. The Dems in the legislature are the stupidest, greediest bunch of babbling morons ever seen in the annals of Western "Civilization", bar none.

I believed that the earlier "less harmful" AB273 variant was a GOOD thing if it triggered a GOP poll run in November, where Bush wins the state and we get back at least the Assembly in time to prevent a post-census Gerrymander. Now, with this latest "horns and teeth" edition, I'm not quite ready to say that but it's gonna be hysterical watching Davis madly fight his own party in an attempt to kill this damn thing.

And if the final result of it is an Emerson win at the Fed Supremes because Bush added a robe or three instead of Gore, it'll be worth the aggravation.

California is 1/9th of the US population. We can't "give up on" this state, the NRA is absolutely right about that.

Jim

[This message has been edited by Jim March (edited June 28, 2000).]
 
So this is only a "half-win" for these SOBs?

I guess complete victory would be taking us all out and shooting us with our own guns.

Glad to be leaving PRK.
 
The plot thickens.

Today, Davis signed a modest pro-gay-rights bill, preventing gays from being thrown off of juries due to their being gay (or lesbian).

OK, fine.

What's interesting was Davis's words to the gay rights crowd: no new gay rights bills of any type, this year.

Sound familiar?

Another example of Davis afraid of a conservative backlash. I'm not personally against gay rights, I'm 100% pro-freedom of ALL types, but it shows another facet of what's going on, and it's further evidence the Dems will go wildly leftwards after a November win.

I wish there was more of a "pure pro-freedom vote" though :(.

Jim
 
First, AB273 was origionaly a sentance enhancement bill. More time for crimes against students.

Something else to mention is today 5 of the 6 committee members were called today. They were polled as to the nature of citizen contacts regarding AB273. All but one said that the contacts were 90% OPPOSED to the bill. Even with 90% opposition, they passed the bill on the spot 5-0.


Another case of we know better than you dumb sheeple.
 
Another example of why you should buy quality firearms for your children / grandchildren.

Yes, fight this kind of foolishness. But also, make sure your family has what it may need in the future.

The worse it gets, the better it gets ... the anti-self defense gun bigots are moving too far, too fast, and it may be their undoing.

Regards from AZ
 
Jack,
Moving will not help, it is only delaying the inevitable. This crap will spread to the rest of the USA. If we want to stop this crap, we need to stop it in Cali.
 
couple of things about this bill...

this is a sneak attack on guns - the original bill was a school safety bill that got gutted, and replaced by a "hand gun safety licence" bill. BUT if you read the bill, there are things in there that spell REGISTRATION!

AS WRITTEN IN THE 6/08/00 version that was just voted on -

section on how get registration legally implemented:
12063. The Department of Justice Firearms Unit shall contract
with a University of California researcher with whom the firearms
unit has an ongoing research relationship involving the use of crime
data gathered by the department and the Federal Bureau of Alcohol,
Tobacco and Firearms to study the merits, potential drawbacks,
feasibility and cost of ongoing handgun registration and background
checks. The contractor shall submit a report of the findings and
conclusions to the Legislature and the department by June 30, 2001.


and we know what kind of findings the "selected" researcher will probably find!

in a section on the senate analysis:

Any such study will perforce involve, among others, technical,
legal/constitutional, and political issues. The Fifth Amendment
will need to be addressed since firearms owners in California
could be required to disclose ownership of firearms or transfers
of firearms which did not comply with the law, especially
regarding private party transfers. Relevant court cases would
include Haynes v. United States (U.S. Supreme Crt, 1968) 390 U.S.
85, and Galvan v. City and County of San Francisco (California
Supreme Court, 1969) 70 Cal.2d 851.

Presumably some review of other "registration" state laws would
be involved, as well.

And of course, what sort of information do they want in return for a safety licence?


(d) The department shall develop and make available a handgun
safety license application form.
(e) An applicant for a handgun safety license shall provide, under
penalty of perjury, all of the following information:
(1) Name.
(2) Current mailing address.
(3) Any aliases ever used, or other names by which the applicant
has ever been known.
(4) Date and place of birth.
(5) An indication as to whether the applicant falls into any of
the classes prohibited by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code.
(6) A California driver's license or state-issued photo
identification card.
(7) A clear thumbprint, taken at the time of submission of the
application pursuant to subdivision (f).
(8) A statement that the applicant has read and agrees to comply
with all of the conditions of the handgun safety license.
(9) Date of application.
(10) Signature.
(11) A list of all currently owned handguns, which shall include
the serial number, make, and model of each firearm.



so, they will have information on all handguns that you have if this bill passes!


FINALLY, if you still don't think that this is registration, they want to build an online database that is accessable by who knows who?


(l) The department shall maintain a current data base containing
all of the information submitted by each applicant pursuant to this
section, which shall become part of the consolidated firearm
information system to be developed by the Attorney General. The data
base shall be accessible both directly through telephonic or other
electronic means, and indirectly through the department, as follows:

(1) To law enforcement officials, in the furtherance of their
official duties, to permit rapid determination of the license status
of any individual.
(2) To any state agency for the sole purpose of statistical
evaluation of the licensing program established pursuant to this
section. Appropriate steps shall be taken to protect the privacy
rights of individual licensees when any information is released
pursuant to this paragraph.


so if this passes in california, look for it elsewhere in this country! especially since, as it is called, only a safety licence and not registration!

if you haven't protested this bill to your california legislatures, please do so. I tried to get some firearms stores to put up some notices, but if everyone can post a notice up at any stores or ranges that they go to maybe we can get some strong support against this bill.
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by mrat:
Jack,
Moving will not help, it is only delaying the inevitable. This crap will spread to the rest of the USA. If we want to stop this crap, we need to stop it in Cali.
[/quote]


I really disagree with this. With the gun owners moving to a few particular states, it's less chance of those states changing their pro-gun view. CA can go to the wolves.
 
EricM,

I couldn't disagree more. Whether or not your state is pro-gun won't matter one bit if federal law bans the possession of firearms. Just imagine if all pro-gunners decided to move to five states--that would give us 10 pro-gun U.S. senators against 90 anti-gun. Perhaps our odds would be better in the House, where we'd only be outnumbered 5-to-1. We certainly would never see a pro-gun President.

We can't afford to write off even one state.
 
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