By: Mark Bunner Re: ALERT: CA - Big Win for February 5, 1996 CALIFORNIA BIG WIN FOR CALIFO

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By: Mark Bunner Re: ALERT: CA - Big Win for February 5, 1996 CALIFORNIA 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 unwavering support. 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 638. 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 916-227-3703. 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 job. 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* [304] 723-2133 (1:129/161)

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