Guns, Laws, and Panics: How Fear, Not Fact, Informs the Gun Rights Debate

California has among the strictest gun laws in the country, and couple of local politicians are seizing the opportunity created by the Arizona shooting to make them even stricter.

While most states operate under a "shall-issue" concealed carry weapons (CCW) permitting regime, meaning that anyone who passes a basic background check can get a CCW, California uses the "may-issue" rule, which means the decision is left to the sole discretion of the county sheriff. The result? Approximately 0.1% of California citizens have CCWs, which is almost 20 times lower than in the average shall-issue state.

This restrictive climate has led to the emergence of a burgeoning "Open Carry" movement, wherein citizens carry holstered, unloaded weapons in plain sight. California Assemblyman Anthony Portantino calls the open carry exemption in the law a "loophole," which he intends to close with Assembly Bill 144 (AB 144).

Portantino's fellow Assembly member Lori Saldana tried to ban open carry in 2010, but the bill failed in the assembly. But this time, AB 144 has gained helpful momentum from an unexpected source: Jared Loughner.

"Since the events in Arizona, gun issues have taken on a greater national debate and a greater significance," says Portantino. Earlier this year, AB 144 passed the Assembly and now will head to the state Senate in late August 2011 and then on to Governor Jerry Brown's desk.

Open Carry advocate Sam Wolanyk, who once successfully sued San Diego county when police arrested him for open carrying, says that the focus on lawful gun owners is misguided.

"It doesn't matter if you stacked up 50,000 felonies," says Wolanyk of the Loughner situation. "You can't stop a crazy person from doing crazy things."

UCLA Law Professor Eugene Volokh, creator of the popular law blog the Volokh Conspiracy, also says that crafting legislation in the face of rare tragedies is miguided.

"It doesn't make much sense to come up with comprehensive law focusing on those very rare incidents," says Volokh.

Despite the fact that crime rates are down nation wide and that there has never been a reported incident of an Open Carrier hurting someone, Portantino stands firm that the practice is a public danger and a drain on police resources. He also says he has no plans on introducing legislation to loosen up concealed carry laws.




"Just because one person is comfortable with their weapon," says Portantino, "doesn't mean that gives that person the right to infringe on the rights of other people who aren't comfortable."

Approximately 8:30.

Produced by Zach Weissmueller. Camera by Hawk Jensen.

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[4twentyproductionz]

AB 144 has many interesting loopholes, See my latest video on it!

[carryclass]

I'm a gay gun owner and carry permit holder. I know full well that the police have no interest in keeping me from getting gay bashed. Yes, I act like a fag. If you are offended by that, that is your problem, not mine. Violent crime is about 85% drug related. How stupid do you have to be to believe that people who WONT obey drug laws WILL obey gun laws? ARMED GAYS DONT GET BASHED!

[snork707]

ha in the first 10 seconds that guy basically says that I have a right to be "comfortable". what a tool. does this mean that you leftists will repeal all your laws because i am not comfortable with them?

[dd00hli]

Open carry has been stripped because it was making those in the California responsible. The last thing the owners want is a public of well informed, law abiding citizens capable of critical thought. Guvmint thrives on an uninformed populace. In order to justify their jobs where all they do is create revenues for a bankrupt state by always greater regulatory capture they pass unconstitutional legislation. They are the command control zombies of the fabian society internationalists.

[brahmasinger71]

Hey everyone needs to get out there and vote that's how we get r state back to where it used to be with open carry and protection from unlawful searches and vote these fat fucken congressmen piece of shit out of office

[gabon8tor]

Think im gonna purchase an open carry holster....

[Arroway2357]

@mikeisit86612 Are you implying that the consequence of being openly gay is getting bashed? I assume that Carryclass means that he's merely openly gay, not that he's actually sucking cock on the sidewalk at noon. So, no, that *doesn't* warrant physical assault, and he's fully within his rights to use force to protect himself. And, there ARE straight pride parades: every time you refer to your wife, or make a comment about an attractive woman, you "parade" your sexual orientation.

[FiiNaLvReFLeX]

That fat ass needs a big glass of shut the fuck up and go away

[ZAGGNUT1]

im democratic liberal... omg! <------socialist!!! i hate that open carry is no longer allowed. Stop saying liberals are going to enslave everyone.

[Berelore]

Pretty sure there weren't mass school shootings back in the western movies either maybe we should take a few steps back in time in a few areas...

[407ForRent]

Portantino is just another dumb ass politician that can’t read. Shall not be infringed!!!