Newsletter

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Today I'm going to share some very somber and thought provoking information from Front Sight Founder and Director Report #6: Moral and Ethical Decisions in the Use of Deadly Force.  After reading this report I believe you will understand why such decisions must be made well in advance of a lethal confrontation.

Click and read
http://frontsight.com/newsletter/html/06-deadly-force.html

Traveling with Firearms in California

HANDGUNS

California Penal Code section 12025 does not prevent a citizen of the United States over 18 years of age who is not lawfully prohibited from firearm possession, and who resides or is temporarily in California, from transporting by motor vehicle any pistol, revolver, or other firearm capable of being concealed upon the person provided the firearm is unloaded and stored in an approved locked container.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. "Console Vaults are in violation". For more information, refer to California Penal Code Section 12026.1.

Loaded Firearms in a Public Place
It is unlawful to carry a loaded firearm on one’s person or in a vehicle while in any public
place, on any public street, or in any place where it is unlawful to discharge a firearm.
(Penal Code § 12031(a)(1).)
A firearm is deemed loaded when there is a live cartridge or shell in, or attached in any
manner to, the firearm, including, but not limited to, the firing chamber, magazine, or clip
thereof attached to the firearm. A muzzle-loading firearm is deemed loaded when it is
capped or primed and has a powder charge and ball or shot in the barrel or cylinder. (Penal
Code § 12031(g).)
For the purposes of Penal Code section 12023 (commission or attempted commission of a
felony while armed with a loaded firearm), a firearm is deemed loaded when both the
firearm and the unexpended ammunition capable of being discharged from the firearm are
in the immediate possession of the same person.
It is unlawful for the driver of any motor vehicle, or the owner of any motor vehicle
irrespective of whether the owner is occupying the vehicle, to knowingly permit any
person to carry a loaded firearm in the vehicle in violation of Penal Code section 12031, or
Fish and Game Code section 2006. (Penal Code § 12034.) Also, see “Other Prohibited
Acts,” page 49.
In order to determine whether a firearm is loaded, peace officers are authorized to examine
any firearm carried by anyone on his or her person or in a vehicle while in any public
place, on any public street, or in any prohibited area of an unincorporated territory.
Refusal to allow a peace officer to inspect a firearm pursuant to these provisions is, in
itself, grounds for arrest. (Penal Code § 12031(e).

SHOTGUNS AND RIFLES

Nonconcealable firearms (rifles and shotguns) are not generally covered within the provisions of California Penal Code section 12025 and therefore are not required to be transported in a locked container. However, as with any firearm, nonconcealable firearms must be unloaded while they are being transported. A rifle or shotgun that is defined as an assault weapon pursuant to Penal Code 12276 or 12276.1 must be transported in accordance with Penal Code section 12026.1.

REGISTERED ASSAULT WEAPONS

California Penal Code section 12285(c)(7) requires that registered assault weapons may be transported only between specified locations and must be unloaded and in a locked container when transported.

The term "locked container" means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. This includes the trunk of a motor vehicle, but does not include the utility or glove compartment. For more information, refer to California Penal Code Section 12026.1.

Safety and Storage Devices

If you decide to keep a firearm in your home you must consider the issue of how to store the firearm in a safe and secure manner. California recognizes the importance of safe storage by requiring that all firearms sold in California be accompanied by a DOJ-approved firearms safety device or proof that the purchaser owns a gun safe that meets regulatory standards established by the Department. The current list of DOJ-approved firearms safety devices and the gun safe standards can be viewed at the DOJ website.

There are a variety of safety and storage devices currently available to the public in a wide range of prices. Some devices are locking mechanisms designed to keep the firearm from being loaded or fired, but don't prevent the firearm from being handled or stolen. There are also locking storage containers that hold the firearm out of sight. For maximum safety you should use both a firearm safety device and a locking storage container to store your unloaded firearm.

Two of the most common locking mechanisms are trigger locks and cable locks. Trigger locks are typically two-piece devices that fit around the trigger and trigger guard to prevent access to the trigger. One side has a post that fits into a hole in the other side. They are locked by a key or combination locking mechanism. Cable locks typically work by looping a strong steel cable through the action of the firearm to block the firearm's operation and prevent accidental firing. However, neither trigger locks nor cable locks are designed to prevent access to the firearm.

Smaller lock boxes and larger gun safes are two of the most common types of locking storage containers. One advantage of lock boxes and gun safes is that they are designed to completely prevent unintended handling and removal of a firearm. Lock boxes are generally constructed of sturdy, high-grade metal opened by either a key or combination lock. Gun safes are quite heavy, usually weighing at least 50 pounds. While gun safes are typically the most expensive firearm storage devices, they are generally more reliable and secure.

Remember: Safety and storage devices are only as secure as the precautions you take to protect the key or combination to the lock.

METHODS OF CHILDPROOFING YOUR FIREARM, FROM DOJ WEBSITE

As a responsible handgun owner, you must recognize the need and be aware of the methods of childproofing your handgun, whether or not you have children.

Whenever children could be around, whether your own, or a friend's, relative's or neighbor's, additional safety steps should be taken when storing firearms and ammunition in your home.

• Always store your firearm unloaded.
• Use a firearms safety device AND store the firearm in a locked container.
• Store the ammunition separately in a locked container.

Always storing your firearm securely is the best method of childproofing your firearm; however, your choice of a storage place can add another element of safety. Carefully choose the storage place in your home especially if children may be around.

• Do not store your firearm where it is visible.
• Do not store your firearm in a bedside table, under your mattress or pillow, or on a closet shelf.
• Do not store your firearm among your valuables (such as jewelry or cameras) unless it is locked in a secure container.
• Consider storing firearms not possessed for self-defense in a safe and secure manner away from the home.

Enacted California Legislation from Prior Years

• 2007 Firearms Legislation
• 2006 Firearms Legislation
• 2004 Firearms Legislation
• 2003 Firearms Legislation
• 2002 Firearms Legislation
• 2001 Firearms Legislation

California: State Assembly Committee to Hear

Bill to Ban Open Carry

Please contact members of the Assembly Public Safety Committee!

• CALIFORNIA DOJ SEEKS COMMENTS ON MIRCOSTAMPING REGULATIONS . . . As reported back in February, the California Department of Justice at the time published proposed regulations to implement microstamping even though Attorney General Jerry Brown had not yet certified the concept. Last week, again without the attorney general certifying microstamping, the California DOJ announced it is seeking further comment on the "revised" regulations by Nov. 19 at 5 p.m. NSSF will once again be commenting on the microstamping regulations and pointing out that the concept is still flawed, easily defeated and protected by numerous patents. View the newly revised regulations.

• COOLEY LEADS IN CALIFORNIA ATTORNEY GENERAL RACE . . . In a hotly contested race, Los Angeles County District Attorney Steve Cooley (R) has widened his lead over the weekend and now leads his Democrat rival, San Francisco District Attorney Kamala Harris, by nearly 37,000 votes, according to the latest statewide figures. The lead has gone back and forth between the two since Election Day, and there are still close to 900,000 mail-in and provisional ballots left to count. The wait will continue as counties have four weeks after Election Day to complete the count.

• DON'T LIE FOR THE OTHER GUY LAUNCHES IN GULFPORT . . . To help stop illegal purchases of firearms, the Don't Lie for the Other Guy campaign was launched in Gulfport, Miss., this week. The Don't Lie message, "Buy a gun for someone who can't, and buy yourself ten years in jail," will be displayed on billboards and posters throughout the region and Don't Lie radio ads will be heard on local radio stations. Don't Lie for the Other Guy is a joint program of ATF and NSSF. The Gulfport launch of Don't Lie is being funded exclusively by the Gulfport Police Department.

• PRESIDENT OBAMA CONCEDES THAT 1099 RULES ARE BURDENSOME . . . Following last week's midterm elections, which saw the Republicans take back control of the House of Representatives and eroded the Democrats' majority in the Senate, President Obama conceded that new Form 1099 reporting requirements are "burdensome" for small businesses and vowed to work with Republicans on a legislative fix. NSSF was one of the first groups to bring this important matter to Congress' attention. Read more.

• HELLER GOES BACK TO COURT . . . On Nov. 15, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in the lawsuit brought by Dick Heller seeking to overturn the district's new Post-Heller firearms regulations. Heller, the lead plaintiff who challenged the district's previous handgun ban in the U.S. Supreme Court two years ago and won, sued the district a second time claiming that its new firearms registration process, its ban on certain commonly possessed semiautomatic firearms and its prohibition of "large" capacity magazines were unduly burdensome and violated the Second Amendment. NSSF will be monitoring this case closely. Subscribe to NSSF Government Relations blog posts to receive future updates via e-mail.

• EPA DENIES PETITION SEEKING BAN ON LEAD-BASED FISHING PRODUCTS . . . The U.S. Environmental Protection Agency has denied a petition filed by the Center for Biological Diversity, American Bird Conservancy, Association of Avian Veterinarians, Project Gutpile and Public Employees for Environmental Responsibility calling for a ban on the manufacture and use of lead-based fishing gear. The decision comes two months after the agency denied another portion of the petition calling for a ban on traditional ammunition. EPA sent a letter to the petitioners stating that they failed to demonstrate that the rule is necessary to protect against an unreasonable risk of injury to health or the environment. Responding to the EPA denial, the CBD issued a press release, stating, "The agency has attempted to punt on this issue, but we're not going to let it walk away from taking action on the preventable poisoning of birds and other animals."

• VIDEO: NSSF DISCUSSES THREAT TO TRADITIONAL AMMUNITION . . . In response to a petition filed with the Environmental Protection Agency to ban traditional ammunition, NSSF's Lawrence G. Keane sits down to answer a few questions about this threat and what hunters and shooters can do to help. NSSF urges all sportsmen to contact the EPA to oppose the petition filed Aug. 3 by the extremist Center for Biological Diversity. Learn more | Play video

• ILLINOIS GOVERNOR WANTS REFERENDUM ON FIREARMS . . . According to Capitol Fax, a political reporting news service, Illinois Gov. Pat Quinn has filed a petition for an advisory referendum this November asking voters in Cook County whether they support a ban on semi-automatic firearms and so-called "assault weapons" (also semi-automatic). Though it appears the petition is well short of the signatures needed to place the question on the ballot, it's clear that Gov. Quinn is attempting to attack the Second Amendment rights of law-abiding gun owners in a calculated political move that would circumvent the recent Supreme Court Decision in McDonald v. Chicago.

• FREE HUNTING DAYS IN CALIFORNIA CLEARS COMMITTEE . . . NSSF-supported legislation (SB 1179) has passed out of the California Assembly Appropriations Committee (17-0) and will now go to the Assembly floor for a vote. The bill, sponsored by State Sen. Dennis Hollingsworth (R), requires the director of the California Department of Fish and Game to designate two free hunting days per year. This legislation cleared the California Senate by a vote of 28-6 in early June.

• LONG-GUN REGISTRATION ON MOVE IN CALIFORNIA . . . Last week the California Senate Appropriations Committee passed Assembly Bill 1810, legislation that would establish a registration system for all newly acquired long guns. Under the bill, personal information about the purchaser, along with the make, model and serial number of the firearm, would be recorded and sent to the California Attorney General's office. This legislation will now go to the full senate for a vote. Long-gun registration has already passed the California Assembly. Should it clear the state senate, it will move to the governor's desk for his signature. NSSF is encouraging all Californians to contact their state senator and urge him or her to oppose this registration scheme.

• RECENT UPDATES FROM ATF FOR FIREARMS RETAILERS . . . NSSF has posted several recent ATF updates for federal firearms licensees (FFLs). The updates include ATF's latest FFL newsletter, a new list of the most common errors retailers encounter when processing Form 6 applications, the most recent edition of the "FFL Quick Reference and Best Practices Guide" and an update from ATF on its current procedures for administrative hearings held as part of firearms license proceedings (as posted in the Federal Register).

• ONCE CONSIDERED PRO-GUN, SENATOR ENDORSED BY ANTI-GUN GROUP . . . The Brady Campaign to Prevent Gun Violence has endorsed U.S. Sen. Kirsten Gillibrand (D-N.Y.) in her re-election bid. As a congresswoman representing an upstate New York district, then U.S. Rep. Gillibrand was considered to be pro-gun, earning high marks from the National Rifle Association. However, upon her appointment to Hillary Clinton's senate seat, Gillibrand flip-flopped on all major Second Amendment-related issues, ultimately leading to last week's endorsement from the Brady Campaign. "She was either being dishonest with her voters in the congressional district or she's being dishonest to the voters in New York State," said NRA's chief lobbyist, Chris W. Cox. "Either way, the key word is dishonest."

• REMEMBERING SEN. TED STEVENS . . . NSSF lost a good friend last week in former Sen. Ted Stevens. Stevens, 86, was a staunch supporter of hunters, shooters, anglers and conservation. As chairman of the Senate Appropriations Committee, he played a major role in securing federal funding for NSSF's Project HomeSafe/Project ChildSafe program. This support, along with additional funding from the firearms industry, has allowed this firearm safety education initiative to distribute more than 35 million gun lock safety kits free of charge to gun owners in all 50 states and in the U.S. Territories. The program continues to remind gun owners to safely store their firearms in order to help prevent gun-related accidents, particularly among children

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• ILLINOIS FIREARMS RETAILERS FILE LAWSUIT AGAINST CHICAGO. . . The Illinois Association of Firearms Retailers (ILAFR), a state affiliate of NSSF, has filed a lawsuit challenging the constitutionality of several recently adopted anti-gun laws designed to circumvent the Supreme Court's recent ruling in McDonald v. Chicago. In that landmark decision, the Supreme Court reaffirmed the fundamental right of all law-abiding Americans to keep and bear arms, while outlawing the power of state and local governments to ban firearms. Read NSSF's news release.

• CHICAGO'S STRICT NEW GUN ORDINANCE TAKES EFFECT . . . A new gun ordinance in Chicago that officials say is the strictest of its kind in the country went into effect today, the Associated Press reports. As mentioned above, the Illinois Association of Firearms Retailers has filed a lawsuit challenging the ordinance. The new regulations were pushed through quickly by Mayor Richard Daley and the City Council after the Supreme Court's decision last month. The ordinance permits residents to have only one working gun at a time in their homes and prohibits them from stepping outside, even onto their porches or in their garages, with a handgun. The ordinance also bans firearms retailers from doing business in the city.

• MASSACHUSETTS GOVERNOR PUSHES ONE-GUN-A-MONTH LEGISLATION . . . NSSF and the Gun Owners Action League (GOAL) continue to fight Massachusetts Gov. Deval Patrick's legislation (H4102), which, if passed, among many other things, would make it illegal to purchase more than one gun in a one-month period. Of course, the only individuals in the state impacted by this legislation would be law-abiding firearms owners, sportsmen and firearms retailers. As if existing onerous firearms laws are not enough in Massachusetts, this would further limit the rights of citizens in the Commonwealth. NSSF urges everyone in Massachusetts to contact members of the House Ways and Means Committee and urge them to oppose H4102.

• POLL: 67% SAY CITIES HAVE NO RIGHT BAN HANDGUNS . . . According to a new Rasmussen Reports national telephone survey, 67 percent of Americans say city governments do not have the right to prevent citizens from owning handguns. Support for stricter gun-control laws also has fallen to its lowest level in several years.

• FIREARMS MICROSTAMPING STUDY BILL INTRODUCED IN HOUSE . . . U.S. Rep. Dan Boren introduced legislation last week (H.R. 5667) to direct the U.S. Attorney General to work with the National Academy of Sciences to conduct a comprehensive study of firearm microstamping. NSSF supports this bipartisan legislation as a means of ensuring adequate research of microstamping is completed, and the concept is proven to work reliably, prior to states mandating microstamping through the legislative process. Read more.