San Diego Union-Tribune

DEMOCRATS TRY AGAIN WITH GUN BILL

New version strives to comply with court on concealed carry

- BY HANNAH WILEY Wiley writes for the Los Angeles Times.

Five months after a highprofil­e gun control bill died amid Democratic infighting in Sacramento, California lawmakers are trying to revive the legislatio­n to strengthen the state’s restrictio­ns on who can carry loaded firearms in public.

The legislatio­n was filed in response to a U.S. Supreme Court ruling that struck down restrictiv­e concealed-carry laws as unconstitu­tional. The 6-3 decision sent California and a handful of other states scrambling to rewrite their laws governing how people get licensed to carry concealed weapons.

Gov. Gavin Newsom and a coalition of top Democrats got behind a bill last year that they said would comply with the Supreme Court decision barring states from making people show a “special need” for concealedc­arry permits while still maintainin­g stringent protocol for issuing them.

Gun rights advocates earned a victory on the final night of the session when bickering among Democrats tanked the measure.

Newsom vowed to work with lawmakers on another proposal this year, Senate Bill 2, saying that it was one of his priorities and that he was resolved to sign it.

“Gun safety saves lives. More guns, more lives lost,” Newsom said during a news conference Wednesday in Sacramento. “We fell short last year. That’s not going to

happen this year.”

Newsom joined Sen. Anthony Portantino, D-La Cañada Flintridge, and Attorney General Rob Bonta at the news conference, where they detailed how they plan to get this year’s version signed into law. To start, the new version of the legislatio­n includes a procedural change from last year’s bill that makes it easier to pass.

The Democratic trio are expected to argue that a recent wave of mass shootings in the state warrants bold action, and attempt to draw

a distinctio­n between California’s gun laws to those in Republican-led states like Texas and Florida, the latter of which is considerin­g legislatio­n to allow residents to carry concealed firearms without a permit.

But rather than changing the legislatio­n to respond to criticism that it was too restrictiv­e to meet the Supreme Court’s newly defined constituti­onal standard, Democrats are plowing forward with essentiall­y the same bill as before.

Portantino’s bill, like last

year’s, includes a lengthy list of sensitive places where firearms would be prohibited, such as government buildings and schools, medical facilities, public transit, places of worship, parks, playground­s and bars.

It requires a robust licensing protocol for local officials — largely sheriffs’ department­s — to follow when issuing permits, including in-person interviews with applicants, obtaining three character references and reviewing social media and other publicly available statements

to identify safety risks.

The bill also prohibits concealed-carry licenses to anyone under 21, the same age required to purchase a handgun in California, and adds new firearms training and storage regulation­s.

Proponents say these rules would thread the needle between honoring the court’s decision and making sure guns don’t fall into the hands of dangerous people. But it’s a risky strategy.

The Supreme Court’s decision in New York State Rifle & Pistol Associatio­n v. Bruen focused on whether “may-issue” laws were constituti­onal — laws that granted licensing authoritie­s broad discretion over who can publicly carry a firearm. Most states have “shall-issue” laws on their books, meaning permits are granted once an applicant meets the licensing criteria.

Firearm owners had argued that New York’s requiremen­t for applicants to demonstrat­e “proper cause” for a permit — such as for self defense — had violated their Second Amendment rights. The Supreme Court’s conservati­ve justices agreed, and struck down the law as an infringeme­nt on a person’s right to self-defense outside the home, immediatel­y rendering California’s “good cause” standard as similarly impermissi­ble.

Writing for the court, Justice Clarence Thomas argued that these laws inhibit “law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.”

States could still prohibit firearms in or near a limited few sensitive places that have been off limits and are therefore “settled,” Thomas wrote, including schools, government buildings or polling places. In a concurring opinion, Justice Brett Kavanaugh and Chief Justice John Roberts argued that states were still allowed to require objective licensing criteria, such as firearms training, fingerprin­ting and background and mental health checks.

Portantino said SB 2 follows the court’s guidance on sensitive places and licensing rules, and that the legislatio­n falls within those outlined legal boundaries.

 ?? AARON KEHOE AP FILE ?? Gov. Gavin Newsom vowed to sign a gun control measure this year that fell short of passage last year.
AARON KEHOE AP FILE Gov. Gavin Newsom vowed to sign a gun control measure this year that fell short of passage last year.

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