By: Mark Bunner
Re: ALERT: CA - Big Win for
February 5, 1996
BIG WIN FOR CALIFORNIA GUN OWNERS: On Wednesday, January 31,
the Assembly passed AB 638 (Knight), the NRA and CRPA backed
right to carry bill, by a vote of 42 to 33 with 4 members
abstaining. This is the first time that a shall issue right to
carry bill has been approved by either house and is due in part
to outstanding floor speeches delivered in support by Assembly
members Bernie Richter (R-Chico) and Joe Baca (D-Rialto). The
following is the record of the vote; please call and thank your
Assembly member if he or she supported the bill.
THOSE VOTING FOR THE BILL: Ackerman, Aguiar, Alby, Baca,
Baldwin, Battin, Baugh, Boland, Bordonaro, Bowler, Brewer,
Brulte, Conroy, Cunneen, Ducheny, Firestone, Frusetta,
Goldsmith, Granlund, Harvey, Hawkins, Hoge, House, Kaloogian,
Knight, Knowles, Margett, McPherson, Miller, Morrissey, W.
Murray, Olberg, Poochigian, Rainey, Richter, Rogan, Setencich,
Takasugi, Thompson, Weggeland, Woods and Pringle.
THOSE VOTING AGAINST THE BILL: Alpert, Archie-Hudson, Bowen,
Brown, Burton, Bustamante, Caldera, Campbell, Cannella, Davis,
Escutia, Figueroa, Friedman, Gallegos, Hannigan, Hauser,
Isenberg, Katz, Knox, Kuehl, Kuykendall, Lee, Machado, Martinez,
Mazzoni, McDonald, K. Murray, Napolitano, Sher, Speier, Sweeney,
Tucker and Villaraigosa.
THOSE NOT VOTING: Bates, Cortese, Morrow*, Vasconcellos. *Mr.
Morrow is a coauthor on the bill but was prevented by a
technicality from voting.
Assemblyman Louis Caldera (D-Los Angeles) was the chief opponent
during the floor debate, offering ten hostile amendments. The
amendments included: a ban of "Saturday night specials," repeal
of the state preemption law, expanding the "assault weapon" ban,
a 10-year prohibition from having a concealed weapon permit if
the applicant had a drunk driving conviction, granting the
issuing authority the ability to include "reasonable
restrictions" as to the time, place and manner under which the
applicant can carry the concealed weapon, requiring a $1,000,000
liability insurance policy and a psychological examination,
prohibiting the possession of a firearm in state local parks and
buildings and prohibiting the carrying of a concealed weapon or
any other firearm on property designated by a local agency as a
"gun free school zone." Assembly members Ackerman, Bowler,
Margett and Thompson led the fight to "table" eight of the
amendments. Two Caldera amendments dealing with gang members
and domestic violence were accepted because they were already
covered by the language in AB 638.
Tremendous pressure was brought to bear on several of our
supporters. Special thanks should be given to Assembly members
Marilyn Brewer (R-Newport Beach, 916-445-7222); Jim Cunneen (R-San
Jose, 916-44 5-8305); Denise Ducheny (D-San Diego, 916-445-7556);
and Bruce McPherson (R-San ta Cruz, 916-445-8496) for their
AB 638 now moves to the Senate where it will be heard by the
Criminal Procedure Committee. We don't expect that a hearing
will be set until at least April. Please call, fax and
especially write your Senator and urge him or her to support AB
CARRY PERMIT FEES IN QUESTION: Late last year, Attorney General
Lungren's office stopped processing carry permit applications
from Isleton Police Department because of their fee structure.
State law allows a city to charge $3 for processing an
application, Isleton however, was charging $150. Only the
County Board of Supervisors has the authority to establish
higher fees. In response to the Attorney General's selective
enforcement effort, Assemblyman Knight and Senator Monteith
asked the Attorney General to survey the CCW practices of all
law enforcement agencies in California. This week, the Attorney
General's Division of Law Enforcement (DLE) issued an
Information Bulletin that states, "city or municipal police
departments do not have legal authority to charge a local fee in
excess of $3.00 for processing and issuing a CCW." If you want
a copy of the complete opinion, call DLE's Firearms Program at
The February 1, 1996, edition of The Sacramento Bee, quoting
from the Attorney General's survey, reported that "at least 187
law enforcement agencies charge more than $3.00 for concealed
weapon permits, and 53 of those agencies charge more than $100."
It is interesting that Attorney General Lungren only took action
against Isleton PD. The Bee quotes a Lungren spokesman as
saying, "Agencies which charge more than the law allows may be
held liable for the excessive fees and their actions may
constitute a public offense, which could result in formal
charges being brought by a district attorney or grand jury."
Please call Assemblyman Knight (916-445-7498) and Senator
Monteith (916-445-1392) and thank them both for authoring AB
638/SB 799 and for forcing Attorney General Lungren to do his
WAITING PERIOD EXTENSION: Attorney General Lungren extended the
waiting period for both handguns and long guns effective 1-1-96.
The California Firearm Dealers Association filed suit against
him on 1-12-96 in San Diego Superior Court. We believe that the
Attorney General's actions were illegal, and we expect that in
the near future counsel for the California Legislature will
confirm our opinion.
PROPOSITION 197 (Mountain Lion): On Friday, February 9, the
California Sportsman's Lobby is holding its 5th annual banquet
and auction. Proceeds will be used in support of Proposition
197. The event will be held at the S.E.S. Hall in Elk Grove.
To reserve tickets, please call (916) 441-7563.
DIRECTOR OF FISH AND GAME: The Governor announced today that he
has appointed Jacqueline Schafer of Rocklin as Director of the
California Department of Fish and Game. This appointment is
subject to Senate confirmation.
* Origin: The MindLess One's BBS *Weirton, WV*  723-2133 (1:129/161)