Which County is It Easy to Get Concealed Carry
California won't make it easy to obtain concealed carry licenses, despite Supreme Court ruling
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A weapons shop clerk displays a small handgun.
Michael Macor/The Chronicle 2017The Supreme Court probably tore a giant hole in California's concealed-carry gun law, but that doesn't mean the Golden State must suddenly make it easy to obtain licenses to carry firearms in public.
On Thursday, the court struck down a New York law requiring gun owners to show they have "proper cause" to get a permit to carry a handgun outside of their home. The ruling probably jeopardizes similarly restrictive laws in California, a half-dozen other states and the District of Columbia, which all require applicants to prove they have a special reason to need self-protection.
That ruling elicited cheers from gun rights activists and alarm among Democratic officials and victim advocates, who pointed to a flurry of mass shootings across the country in recent months.
In its 6-3 ruling, the court's conservative majority struck down New York's law because it found the requirement to show a "special need for self-defense" prevented law-abiding residents from exercising their Second Amendment rights.
Justice Clarence Thomas wrote, on behalf of the majority, that "the constitutional right to bear arms in public for self-defense is not a 'second-class' right."
But state Attorney General Rob Bonta, a Democrat, warned residents that the bulk of California's concealed-carry law remains in effect, meaning that residents generally must still obtain a permit from a local police officer or sheriff to legally carry a loaded, concealed firearm in public.
Bonta, Gov. Gavin Newsom and state legislators also announced that they are working on new legislation to tighten the state's concealed-carry law, in a way that is both consistent with the court's ruling and would make it difficult to obtain permits.
"We've been preparing for this moment, this Supreme Court decision, for months," Bonta said during a news conference with lawmakers in Sacramento. "The data is clear: More guns in more places means more people die from gun violence. Period, full stop."
Newsom, also a Democrat, called the court's move a "reckless decision (that) erases a commonsense gun safety law." He pledged to sign new legislation to strengthen public-carry permits, and more than a dozen other firearm-related bills, as soon as possible.
Bonta said the ruling probably means a portion of California's existing law, requiring applicants to show they have "good cause" to need to carry a firearm in public, is unconstitutional. That means cities and counties will have less discretion to deny permits. But, he added, states "still have the right to limit concealed-carry permits to those who may safely possess firearms."
Bonta said gun owners must already fulfill a series of other requirements to get a concealed-carry permit in the state's metropolitan counties: complete a background check, complete a firearm safety course, and prove they are a resident or work in the city or county where they are seeking a license. State law also prohibits concealed firearms from being carried in certain places, such as polling places, courthouses and schools.
The text of new legislation on concealed-carry permits has not been released, but Bonta said it would expand restrictions by banning concealed firearms in more public places, potentially including parks, sports venues, amusement parks and other large gathering spaces. The bill would also expand the safety requirements for obtaining a permit, including adding a "robust" safety assessment to determine if a person poses a danger.
State Sen. Anthony Portantino, D-La Cañada Flintridge (Los Angeles County), plans to carry the forthcoming bill. He said the measure, SB918, will receive its first hearing as early as Tuesday and will probably be on Newsom's desk in short order.
"It is our goal to move quickly, to move prudently and to move decisively to make sure that your families ... are protected on Main Street California," he said.
In California, concealed-weapon licenses are generally available in the state's most rural counties, those with a population of fewer than 200,000 people. But such licenses are difficult to obtain in metropolitan areas, and cities and counties can create their own restrictions.
Even though a permit is still required to carry a concealed pistol or handgun, Democratic state leaders said that the court's ruling could lead to more gun violence on California streets.
"It means more people will carry guns in bars, in shopping malls, in churches, hospitals, movie theaters, even schools," Sen. Dianne Feinstein, a San Francisco Democrat, said in a statement. "This isn't the way to save lives."
The court's ruling could also have wide-ranging implications. Thomas wrote that to impose gun laws, states must show that the restrictions are "consistent with this nation's historical tradition of firearms regulation." In this case, the court found that states and their colonial precursors allowed ordinary citizens to publicly carry guns.
It's unclear how that historical approach might impact California's other sweeping gun laws, particularly those dealing with assault weapons. But Newsom portrayed the court's thinking as unhinged.
"Make no mistake: This is a radical decision," Newsom said in a statement. "Today's court thinks that gun regulations should be frozen in time, and that if there wasn't a similar law in existence in the 1700s or 1800s, then a state can't pass it now, no matter how important it is to protect people from the modern horror of gun violence."
Dustin Gardiner (he/him) is a San Francisco Chronicle staff writer. Email: dustin.gardiner@sfchronicle.com Twitter: @dustingardiner
Source: https://www.sfchronicle.com/politics/article/California-won-t-make-it-easy-to-obtain-17261551.php
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