Copy
View this email in your browser
A coalition of grassroots Indivisible groups using civic engagement to advance progressive values in the California state government

Newsletter

March 29, 2018

               

Gun Control in California

It's an amazing moment in US history: a cohort of teenagers, in their grief and rage, mince no words in taking on the GOP and NRA, and are collectively reigniting the moral force so many thought was dormant and perhaps just gone from the nation. We witnessed Emma González, an 18-year-old woman, whose oration carries more weight than that of seasoned politicians, and who amassed more Twitter followers than the NRA in one week. Many of our children demonstrated with them by marching out of their classrooms on March 14. On March 24th, students and allies held one of the largest marches, #MarchForOurLives, in United States history in cities across the country. More #NationalSchoolWalkout demonstrations are planned for April 20th, the anniversary of the Columbine shooting. Multiple corporations are finally severing their ties with the NRA. Even Republican lawmakers in tight races are changing their tune and finding new support for gun control measures.

It is to the courage, strength, and vision of these students that we dedicate this issue of the Indivisible CA: StateStrong newsletter, where we examine gun control in California including current regulations and bills pending in the legislature.

May our state and nation one day be free from gun violence.

 

In This Issue:

 

Gun Control Guidelines from Indivisible

Much like many of our other fights at the federal level, it is extremely hard to convince a Republican-controlled Congress to do the right thing, even when our children's lives are on the line. Therefore, we must turn to the states to pass laws to prevent gun violence in our communities.

The federal government can set standards and practices that apply to all states around gun safety. But states have the option of passing additional measures to protect their own residents from gun violence.

In this resource, we outline common-sense policies that states can adopt:

  • Ban assault weapons and large capacity ammunition magazines
  • Ban bump stocks
  • Implement universal background checks
  • Place an age limit on gun purchases
  • Require a waiting period between gun purchase and acquisition
  • Implement extreme risk protective orders
  • Require licensing, registration, and safety training
  • Eliminate "Shoot First" laws
  • Prohibit military-grade weaponry from being transferred to police

 

Current California Law

The good news is California has some of the toughest gun control measures in the nation. Following the mass shooting in San Bernardino in December 2015, California passed a series of gun control laws that strengthened what was already on the books. Efforts to further regulate firearms are ongoing. These are the laws we currently have:

Military-Grade Weaponry and Local Police: President Obama limited the types of military equipment given to police forces, but Trump lifted the ban in August of 2017. AB 3131 (Gloria, Chiu), which Indivisible CA: StateStrong is co-sponsoring with the ACLU and American Friends Service Committee, would "promote transparency and public welfare" into the acquisition of military equipment by law enforcement.

Assault Weapons: In California, new purchases of assault weapons are banned, but you can own an assault weapon if you bought it before the type was defined as an assault weapon. The ones that are already owned have to be registered by June 30, 2018. Long guns with "bullet buttons" that make is easier to swap magazines are also banned. The law gets very detailed about what constitutes an assault weapon and who can own the various types (for example, active military can own certain types of weapons that civilians cannot). For more information regarding the many laws on assault weapons, you can read the California Attorney General's web page on assault weapon regulations.

Bump Stocks: Multiburst trigger activators have been illegal in California since 1990. A new bill, SB 1346 (Jackson), would extend the existing definition to include bump stocks.

Background Checks: Universal background checks for gun purchases are required.

Ammunition Regulation: Background checks for ammunition will begin in July 2019. Buyers will have to pay a $1 fee at the point of sale for the check. Additionally, no direct mail delivery of ammunition is allowed. Ammunition bought online or from a catalog must be delivered to and picked up at a licensed vendor. Ammunition purchased out-of-state must be taken to a dealer for processing, but there is no limit to the amount you can buy.

Age Limit: The current age requirement in California is 18 for owning a rifle or shotgun and 21 for handguns. However, SB 1100 (Portantino) would raise the age for owning long guns to 21 as well.

Waiting Period: There is currently a 10-day waiting period. This was challenged, and upheld, in the Supreme Court of the United States.

Extreme Risk Protective Orders: California led the nation with this one. Since 2014, a judge in California has been able to issue a temporary restraining order (usually lasting about 21 days) that removes firearms from, and prevents the purchase of firearms by, those deemed an immediate danger to themselves or others. This is important because nearly two-thirds of deaths due to gun violence are suicides. Currently, only family members can report someone, but there is a bill pending, AB 2888 (Ting), that would allow mental health workers, employers, co-workers, and school employees to petition for a temporary restraining order. Even the NRA supports extreme risk protective orders.

Firearm Sales: Only licensed firearms dealers (considered a "private party") are authorized to engage in retail sales of firearms. If an individual wants to transfer a firearm to another individual, they have to go through a licensed dealer.

Registration & Permitting: Registration of firearms and purchase permits are required.

Safety Training: A written test, which has about 30 rotating questions (much like a DMV test), is required to purchase a gun, and must be renewed every five years. No live training with a firearm is required to purchase one, though.

Concealed Carry: Currently, concealed carry permit holders in California are required to receive between one and 16 hours of live training. One hour of training isn't much, though, and there is a bill, AB 2103 (Gloria), that would increase the minimum number of hours to eight.

Shoot First Law: Also called "Stand Your Ground," this is the law that allowed Zimmerman to shoot Trayvon Martin in Florida. California does not have a Shoot First law, although it does have strong self-defense laws. For more information on the difference between self defense and Shoot First laws, which typically center around issues of private and public spaces, the need to retreat, and burden of proof, see this article by the National Conference of State Legislatures. For an examination of the effect of shoot first law in FL, check here. Everytown for Gun Safety has a more comprehensive review, which also demonstrates Shoot First laws result in an increase in firearm fatalities.

Currently in the courts:

Detachable Magazines: There was a ban on detachable magazines, but it was challenged by gun rights groups. The case, Duncan v. Becerra, is currently in the 9th Circuit Court of Appeals and is expected to be resolved in 2019.

For more detailed information on gun laws in California, visit Giffords Law Center or the California Bureau of Firearms.

 

Bills in the California Legislature

AB 3131 Military Equipment Transfers to Local Law Enforcement

This bill (Gloria, Chiu) would promote transparency and public welfare in decisions regarding the funding, acquisition, and deployment of military equipment by police and sheriffs' departments. Co-sponsored by Indivisible CA: StateStrong in partnership with the ACLU of California Center for Advocacy & Policy and the American Friends Service Committee!

AB 2888 Firearm Restraining Orders

Nearly two-thirds of gun-related deaths are due to suicide, so legislation that addresses this population is crucial to reducing fatalities. Currently in California, a court can issue a temporary restraining order (for no more than 21 days) to remove firearms from someone deemed a danger to themselves or others, based on the concerns of family members. AB 2888 (Ting) would allow mental health workers, employers, co-workers, and school employees to file a petition for restraining orders. Even the NRA is now supporting restraining orders for those deemed to be a danger to themselves or others.

AB 1968 Lifetime Gun Ban for Those with Severe Mental Illness

This legislation (Low) would only apply to those who have been confined to a mental facility two or more times in one year. The state currently allows law enforcement to temporarily take guns away from people with mental illnesses who are deemed to be a danger to themselves or others.

We caution against categorizing all people with mental illness as inherently threatening. Mental illness is already stigmatized in this country and only a very small subset of mentally ill people actually commit violent crimes.

AB 2103 Concealed Carry Permits to Require Minimum Eight Hours Training

Currently, concealed carry permit holders in California are required to have a minimum of one hour and a maximum of 16 hours live training with a firearm. This bill (Gloria) would require a minimum of eight hours training and the maximum to remain at 16 hours.

SB 1346 Expands the Definition of a Multiburst Trigger to Include Bump Stocks

California law already prohibits multi burst triggers, which attach to semi-automatics and allow them to increase the rate of fire. This bill (Jackson) would expand the existing definition of a multiburst trigger activator to include bump fire stocks or bump fire stock attachments, thus making bump stocks illegal in California.

SB 1100 Must be 21 Years of Age to Purchase a Firearm; Prohibits the Purchase of More Than One Firearm in a 30 Day Period

Currently, the age restriction to purchase rifles and shotguns is 18 years, while the purchase of handguns are generally limited to those over 21 years old and to only one every 30 days. With certain exceptions (licensed hunters, law enforcement, etc.), SB 1100 (Portantino) extends the handgun restrictions to all firearms.

SB 1185 Firearms Missing from Law Enforcement Must Be Reported

Currently, law enforcement agencies must report to the state when they acquire guns and when they are disposed of, but not when they are lost or stolen (although they do need to report that to their employer or local police agency). This bill (Hill) would require reporting when guns are lost or stolen.

 

Groups Working Toward Gun Control

Great sources of information, and they can always use your cash or time.

 

Important Considerations for Gun Safety Advocates

  • Be careful of the language you use when talking about gun safety to ensure that you are not reinforcing harmful stereotypes about communities of color. Here is a great resource about how to talk about gun safety.
  • It is important to remember that our current law enforcement policies contribute to structural discrimination and the mass criminalization of people of color. When we talk about preventing gun violence, we should consider how any policies we propose that involve law enforcement could target or harm communities of color.

    For example, military equipment that is transferred to local law enforcement is most likely to be used in communities of color. Mandatory minimum sentencing and the drug war have a stronger effect on communities of color because people of color are more likely to be incarcerated for offenses, like nonviolent drug use, that white people commit at equal rates. The results of this include increased voter disenfranchisement, financial and emotional stress on families, and difficulties with housing and employment after release from incarceration that lead to higher crime and recidivism.

  • Avoid categorizing all people with mental illness as inherently threatening. Mental illness is already stigmatized in this country and only a very small subset of mentally ill people actually commit violent crimes.

 

Further Reading

Here are some more great articles for gun safety advocates to read:

  • The Young Voices We Aren't Hearing in the Gun-Control Debate: Mass shootings account for a small fraction of gun violence. And while the students of Parkland deserve every honor bestowed upon them, there are other voices addressing gun violence in our communities that have been going largely unheard. In this article, Michael McBride, pastor and organizer, points out that communities of color who have been addressing these issues for years have not been met with the same response that the Parkland students have. Less than 1% of the people in these communities are responsible for the majority of the violence. The response from government has been more tough-on-crime laws, more police, and more jails. And while communities of color want common sense gun laws, too, what they also need is a public health response that addresses real causes and solutions to violence.
  • Effectiveness of the Brady Act and Background Checks: This article by the Giffords Law Center has great statistical information about the efficacy of background checks in reducing gun violence.
  • It's Time to Bring Back the Assault Weapons Ban: An examination by the Washington Post of the efficacy of a ban we once had.
  • Physicians Demand End to 20-Year-Old Ban on Gun Violence Research: Passed in 1996, the Dickey Amendment prohibits federal research on gun violence. That means that neither the National Institutes of Health nor the Centers for Disease Control can study a health epidemic that claimed the lives of nearly 39,000 Americans in 2016. In fact, the number of gun deaths has reached the rate of automobile deaths per year. Many health professionals believe the politically motivated blackout on research is unethical and should be lifted.
  • Six Surprising Ways to Curb Gun Violence That Have Nothing to Do with Gun Control: The problem of violence in our culture is due to a combination of interdependent phenomena. This article addresses making changes in income inequality, gender inequality, prison reform, and more.

 

Divest From Guns

After mass shootings, gun sales go up and gun manufacturers' stock prices rise. Many retirement funds invest in gun manufacturers. If you own shares in gun companies, even if they're hidden away in a retirement account, you may be indirectly profiting from the violent deaths of children and adults. You can help prevent that by ridding your investments of stocks from these three companies that manufacture guns and ammunition:

  • Smith & Wesson Holding Corp (NASDAQ: SWHC)
  • Sturm Ruger & Company Inc (NYSE: RGR)
  • Vista Outdoor Inc (NYSE: VSTO)

You can check Morningstar's list of funds that invest in gun manufacturers, or Goodbye Gun Stocks to find a comparable gun-free replacement. (Please note that their information is not guaranteed to be up to date, but it's a good place to start.) If your company offers retirement benefits, let the people in charge know that you want your money invested responsibly.

 

Spread the Word!

Forward this newsletter to a friend. Did someone forward this to you? Add yourself to our mailing list!

Indivisibly yours,
The Indivisible CA: StateStrong Team

                    
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.