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  • LA Considers Ban on "Open Carry" Firearms

    By Patrick J. McDonnell, Los Angeles Times

    January 21, 2011, 6:48 p.m.
    Los Angeles City Council President Eric Garcetti moved Friday to ban the "open carry" of handguns within the city limits, part of a renewed nationwide push for bolstered gun control laws following this month's shooting rampage in Arizona.

    Under current California law, residents can generally carry legally owned handguns that are unloaded and kept in a visible place, such as a holster. Ammunition may be carried separately on a holster or elsewhere. It is illegal, however, to carry a loaded gun or concealed weapon — with exceptions for peace officers, permit-holders and other authorized individuals.

    The state law permitting the "open carry" of unloaded firearms has come under new scrutiny in the aftermath of several recent high-profile shootings, especially the Jan. 8 attack in Tucson that left six dead and critically injured U.S. Rep. Gabrielle Giffords. Critics call the "open carry" statute a loophole that needs to be closed.



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    The Tucson killings have also reinvigorated demands in Congress for tightened gun laws. However, efforts to bolster state and federal gun control laws will probably meet stiff opposition from the National Rifle Assn. and other well-funded groups.

    In Los Angeles, Garcetti submitted what he called a "common sense" motion that asks his council colleagues to approve a citywide ban on the open carrying of handguns. In practice, the measure would largely restrict open pistol-packing to authorized law enforcement personnel.

    "No one needs a gun on their hip when walking down the street or going to the store," Garcetti said. "The open carry of a handgun can be intimidating and threaten public safety."

    Advocates of gun-bearing restrictions argue that the public display of arms — even unloaded ones — is a provocative act that stokes people's fears and often leads to the summoning of police, who may view gun-carriers as potential threats.

    But critics of gun control measures cite the constitutional right to bear arms. A nationwide "open carry" movement has strongly resisted restrictions.

    In Sacramento, Assemblyman Anthony Portantino (D-La Cañada Flintridge) has introduced legislation that would reverse current California law and generally ban the carrying of unloaded, exposed handguns in any public place or street. Under the proposal, violators could face up to a year in jail and a $1,000 fine. Those exempt from the ban would include peace officers, range shooters and lawful hunters.

    Gun groups opposed a previous unsuccessful effort to change the law, said a spokesman for Portantino, and are expected to weigh in against the proposal this time around.

    Earlier this week, the Los Angeles City Council unveiled a resolution expressing formal support for Portantino's effort.

    The council is expected to consider Garcetti's citywide proposal Jan. 28. If approved, the motion would go to the city attorney's office for the drafting of an ordinance banning the open carrying of handguns in Los Angeles.

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    Copyright © 2011, Los Angele
    Everybody counts or no one counts.
    -Harry Bosch



    Some of you may remember that in my early days I was sort of a bleeding heart liberal. Then I became a man and put away childish things.
    -Ronald Reagan

  • #2
    This is an outgrowth of the demonstrations by open carry fans, who have deluded themselves into believing that once Californians see lots of people running around with guns, the citizenry will think it's a great idea.

    L.A. probably lacks the authority to enact its own ban.
    Facts do not cease to exist because they are ignored. -- Aldous Huxley
    Two things are infinite: the universe and human stupidity. -- Albert Einstein

    Comment


    • #3
      Just a bunch of sheep jumping on the band wagon...

      Comment


      • #4
        Should be banned just because it is stupid, not as a way to capitalize on peoples emotions following a tragedy.
        This show is awesome, wrapped in supercool and smothered in bitchin. The only way it could be cooler is if he was riding a unicorn or something.

        M-11

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        • #5
          Originally posted by -Erik- View Post
          Should be banned just because it is stupid, not as a way to capitalize on peoples emotions following a tragedy.
          But you're from Michigan. We have been told that everyone in Michigan loves open carry.
          Facts do not cease to exist because they are ignored. -- Aldous Huxley
          Two things are infinite: the universe and human stupidity. -- Albert Einstein

          Comment


          • #6
            Originally posted by FlyingPig1 View Post
            Just a bunch of sheep jumping on the band wagon...
            Get a t-shirt made. It no longer holds water...
            It takes a Wolf.......

            Comment


            • #7
              Who is "other authorized individuals"?
              Pete Malloy, "The only thing black and white about this job is the car."

              Comment


              • #8
                That would be an interesting development in that the basic logic of the California Supreme Court in upholding restrictive policies on issuance of concealed carry licenses was that citizens can carry a firearm openly without a license and therefore are not being deprived of the right to self-defense by denying them a CC license. It seems to me that a ban on open carry would toss that argument out the window and re-open the issue.
                "Son, you are a walkin' violation of the laws of nature...But we don't enforce them laws."

                I am just a country boy tryin' to make some sense
                But I'd like to ask the Congress, I'd like to ask the President
                "Can ya tell me where all the money went?"
                We might not be broke but we're badly bent!


                The Tractors -- "Badly Bent" from the album Owner's Manual

                "Common sense. So rare, it should be a super power." Exodus 259

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                • #9

                  Such a law, as is the case with other "gun control" laws, will not do a darn thing to reduce crime or deter criminal behavior. Besides, it stands to reason that someone with criminal intent will generally not carry openly anyway. They'll go "gangsta style" and keep it concealed until they decide to attack.

                  Ah, Kommiefornia!


                  P.S. Seems to me that the politicians in that state should be focused on their FISCAL MESS - not on more bogus gun control laws.

                  The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

                  The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

                  ------------------------------------------------

                  "Ignorance on fire is hotter than knowledge on ice."

                  Comment


                  • #10
                    Originally posted by -Erik- View Post
                    Should be banned just because it is stupid, not as a way to capitalize on peoples emotions following a tragedy.
                    It is the only legal way a person can be even close to being armed in public. The best way to drastically reduce it is to pass state preemption of firearms laws, and shall issue CCW.

                    Probably only in Cali could you get a bill to allow a 12 year old to get an abortion or grow weed without telling her mom and dad, with an amendment banning OC.

                    Bill
                    Just pay your dues, and be quiet :-)

                    Comment


                    • #11
                      I have lived in California all my life and I have never seen anyone open carry.
                      Retired LASD

                      Comment


                      • #12
                        The McDonald decision is going to pizz all over their ban if (when) it ever goes to court, since LA county is rather restrictive on who it gives CCW permits to.

                        Personally, I'm not a huge fan of open carry. That said, I'm a huge advocate of permitless carry, either open or concealed, ala AK, AZ, and VT.
                        -Andy

                        Live Free or Die

                        Comment


                        • #13
                          This can easily be challenged in court as it would be violating state law, as well as State Constitution. They may get it passed city council, but the challenge would be easy.
                          GOD IS A NINJA WITH A SNIPER RIFLE, WAITING TO TAKE YOU OUT.

                          "For weapons training they told me to play DOOM"

                          Comment


                          • #14
                            Originally posted by 10-94/10-96 View Post
                            Personally, I'm not a huge fan of open carry. That said, I'm a huge advocate of permitless carry, either open or concealed, ala AK, AZ, and VT.
                            One of only a few good reasons to live here...unfortunately the rest of the political scene is much like Cali...

                            Comment


                            • #15
                              Originally posted by VA Dutch View Post

                              Such a law, as is the case with other "gun control" laws, will not do a darn thing to reduce crime or deter criminal behavior. Besides, it stands to reason that someone with criminal intent will generally not carry openly anyway. They'll go "gangsta style" and keep it concealed until they decide to attack.

                              Ah, Kommiefornia!




                              P.S. Seems to me that the politicians in that state should be focused on their FISCAL MESS - not on more bogus gun control laws.

                              Everything VA Dutch said is is Gospel to to what I believe as well.

                              Here in Bama there are many that OC, In live 36 years I have only seen a handful of people OC. (Not counting hunting) Never gave them a second of thought really. How ever when I see some one walking around with there
                              pants hanging pass their butt crack and underwear showing with a bulge shape in one pocket, I become more aware of that.
                              Empty your mind, be formless, shapeless - like water.

                              Comment

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