Federal Judge Strikes Down California Law Banning High-Capacity Gun Magazines
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San Francisco Considers Banning Guns in More Public Places After Recent Shootings
Newsom Pushes for Tougher Gun Restrictions Following Spate of Mass Shootings
How Effective Are California's 'Red Flag' Gun Laws? San Francisco and San Diego Are Trying to Find Out
SFMTA's Jeffrey Tumlin | CA Gun Violence
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The Return of 'Bounty Law': As Gun and Abortion Bills Empower Citizens, Experts Warn of Dangerous Precedent
Newsom Signs New Gun Law Modeled After Texas Abortion Ban, Empowering Citizens to Sue Gun Industry
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California Attorney General Rob Bonta has already promised to appeal the ruling. The ban is likely to remain in effect while the case is still pending.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Attorney General Rob Bonta\"]‘We believe that the district court got this wrong. We will move quickly to correct this incredibly dangerous mistake.’[/pullquote]This is the second time Benitez has truck down California’s law banning high-capacity magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.\u003c/p>\n\u003cp>But last year, the U.S. Supreme Court set a \u003ca href=\"https://apnews.com/article/supreme-court-guns-decision-58d01ef8bd48e816d5f8761ffa84e3e8\">new standard\u003c/a> for how to interpret the nation’s gun laws. The new standard relies more on the historical tradition of gun regulation rather than public interests, including safety.\u003c/p>\n\u003cp>The Supreme Court ordered the case to be heard again in light of the new standards. It’s one of three high-profile challenges to California gun laws that are getting new hearings in court. The other two cases challenge California laws banning assault-style weapons and limiting purchases of ammunition.\u003c/p>\n\u003cp>Benitez ruled “there is no American tradition of limiting ammunition capacity.” He said detachable magazines “solved a problem with historic firearms: running out of ammunition and having to slowly reload a gun.”\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11962204,news_11939499\"]“There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” Benitez wrote. “Yet, under this statute, the State says ‘too bad.’”\u003c/p>\n\u003cp>Attorney General Bonta said large-capacity magazines are also important to mass shooters, allowing them to fire quickly into crowds of people without reloading. He said the U.S. Supreme Court made it clear the new standard for reviewing gun laws “did not create a regulatory straitjacket for states.”\u003c/p>\n\u003cp>“We believe that the district court got this wrong,” Bonta said. “We will move quickly to correct this incredibly dangerous mistake.”\u003c/p>\n\u003cp>Chuck Michel, president of the California Rifle and Pistol Association, praised Benitez for a “thoughtful and in-depth approach.”\u003c/p>\n\u003cp>“Sure, the state will appeal, but the clock is ticking on laws that violate the Constitution,” Michel said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"US District Judge Roger Benitez ruled Friday that California's law was unconstitutional. Attorney General Rob Bonta said he would appeal the ruling.","status":"publish","parent":0,"modified":1695423939,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":422},"headData":{"title":"Federal Judge Strikes Down California Law Banning High-Capacity Gun Magazines | KQED","description":"US District Judge Roger Benitez ruled Friday that California's law was unconstitutional. Attorney General Rob Bonta said he would appeal the ruling.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"nprByline":"Adam Beam\u003cbr>The Associated Press","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11962236/federal-judge-strikes-down-california-law-banning-high-capacity-gun-magazines","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>California cannot ban gun owners from having detachable magazines that hold more than 10 rounds, a federal judge ruled Friday.\u003c/p>\n\u003cp>The decision from U.S. District Judge Roger Benitez won’t take effect immediately. California Attorney General Rob Bonta has already promised to appeal the ruling. The ban is likely to remain in effect while the case is still pending.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘We believe that the district court got this wrong. We will move quickly to correct this incredibly dangerous mistake.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Attorney General Rob Bonta","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>This is the second time Benitez has truck down California’s law banning high-capacity magazines. The first time he struck it down — way back in 2017 — an appeals court ended up reversing his decision.\u003c/p>\n\u003cp>But last year, the U.S. Supreme Court set a \u003ca href=\"https://apnews.com/article/supreme-court-guns-decision-58d01ef8bd48e816d5f8761ffa84e3e8\">new standard\u003c/a> for how to interpret the nation’s gun laws. The new standard relies more on the historical tradition of gun regulation rather than public interests, including safety.\u003c/p>\n\u003cp>The Supreme Court ordered the case to be heard again in light of the new standards. It’s one of three high-profile challenges to California gun laws that are getting new hearings in court. The other two cases challenge California laws banning assault-style weapons and limiting purchases of ammunition.\u003c/p>\n\u003cp>Benitez ruled “there is no American tradition of limiting ammunition capacity.” He said detachable magazines “solved a problem with historic firearms: running out of ammunition and having to slowly reload a gun.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11962204,news_11939499"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>“There have been, and there will be, times where many more than 10 rounds are needed to stop attackers,” Benitez wrote. “Yet, under this statute, the State says ‘too bad.’”\u003c/p>\n\u003cp>Attorney General Bonta said large-capacity magazines are also important to mass shooters, allowing them to fire quickly into crowds of people without reloading. He said the U.S. Supreme Court made it clear the new standard for reviewing gun laws “did not create a regulatory straitjacket for states.”\u003c/p>\n\u003cp>“We believe that the district court got this wrong,” Bonta said. “We will move quickly to correct this incredibly dangerous mistake.”\u003c/p>\n\u003cp>Chuck Michel, president of the California Rifle and Pistol Association, praised Benitez for a “thoughtful and in-depth approach.”\u003c/p>\n\u003cp>“Sure, the state will appeal, but the clock is ticking on laws that violate the Constitution,” Michel said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11962236/federal-judge-strikes-down-california-law-banning-high-capacity-gun-magazines","authors":["byline_news_11962236"],"categories":["news_8"],"tags":["news_2795","news_31361","news_18246","news_1103","news_30317"],"featImg":"news_11962250","label":"news"},"news_11954815":{"type":"posts","id":"news_11954815","meta":{"index":"posts_1591205157","site":"news","id":"11954815","score":null,"sort":[1688216438000]},"guestAuthors":[],"slug":"why-the-101-california-street-shooting-still-resonates-30-years-later","title":"Why the 101 California Street Shooting Still Resonates 30 Years Later","publishDate":1688216438,"format":"standard","headTitle":"Why the 101 California Street Shooting Still Resonates 30 Years Later | KQED","labelTerm":{"site":"news"},"content":"\u003cp>As the nation continues to reckon with gun violence and how to prevent it, the 1993 \u003ca href=\"https://www.c-span.org/video/?c4249188/user-clip-steve-sposato-1993\">testimony\u003c/a> by Steve Sposato before the Senate Judiciary Committee rings ever true to this day.\u003c/p>\n\u003cp>“I don’t know how many of you have taken a trip to the coroner’s office to look at the most important person in your life with five bullets in their body,” he said, carrying his 10-month-old daughter on his back. “When they’re lying there lifeless, it’s pretty painful.”\u003c/p>\n\u003cp>Sposato had just lost his 30-year-old wife Jody Sposato in one of the deadliest mass shootings in Bay Area history. Thirty years ago on July 1, a gunman shot and killed eight people at a law firm on 101 California Street in San Francisco.\u003c/p>\n\u003cp>At the time, Sposato, now a longtime gun violence prevention advocate, urged Congress to ban semi-automatic assault weapons. This eventually became \u003ca href=\"https://www.congress.gov/bill/103rd-congress/house-bill/4296#:~:text=Public%20Safety%20and%20Recreational%20Firearms%20Use%20Protection%20Act%20%2D%20Amends%20the,or%20listed%20under%20this%20Act.\">federal law\u003c/a> until it expired in 2004. Since then — and several mass shootings later — congressional lawmakers have continued to debate the issue.\u003c/p>\n\u003cp>In addition to federal action, a group of lawyers mobilized in response to the 1993 shooting to bolster California’s gun laws — among the strictest in the country. Currently, the state has \u003ca href=\"https://www.kqed.org/news/11939499/red-flag-laws-in-california-san-francisco-san-diego\">red flag laws\u003c/a> (which allows someone to ask the court to remove a gun from someone likely to harm themselves or others), a ban on assault-style weapons and high-capacity magazines, and a mandate on background checks and waiting periods for firearm purchases.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Some of California’s top elected leaders have strived to show how the state could be a model for the rest of the country. This year, California U.S. Sen. Dianne Feinstein introduced \u003ca href=\"https://www.congress.gov/bill/118th-congress/senate-bill/25/actions\">legislation\u003c/a> that would ban assault-style weapons, and Gov. Gavin Newsom has proposed a \u003ca href=\"https://www.kqed.org/news/11952558/newsom-proposes-us-constitutional-amendment-to-ban-assault-weapons\">28th Amendment\u003c/a> to the U.S. Constitution to enshrine gun safety measures.\u003c/p>\n\u003cp>The California 101 St. shooting also led to the creation of the Giffords Law Center to Prevent Gun Violence, which has offices in San Francisco and Washington D.C. KQED’s Rachael Vasquez talked more about the impacts of the shooting with Laura Cutilletta, chief of staff at the Giffords Law Center.\u003c/p>\n\u003cp>\u003cem>This interview has been edited for brevity and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cb>Rachael Vasquez: I want to start with some context, because mass shootings weren’t very common when the shooting at 101 California St. happened, right?\u003c/b>\u003c/p>\n\u003cp>\u003cb>Laura Cutilletta:\u003c/b> That’s right. They were much less common than they are today. And this event really rocked the San Francisco community because it was just a terrible, tragic event.\u003c/p>\n\u003cp>\u003cb>This tragedy eventually led to around 100 gun laws being passed in California and a federal ban on assault weapons that was in effect for a decade. Can you tell us more about that?\u003c/b>[aside label=\"Related Stories\" tag=\"gun-control\"]So 30 years ago, California had the third highest rate of gun homicides of any state in the country. And now [the state] has the seventh lowest rate of gun-related deaths, and it’s now well below the national average for gun deaths. And if California had the same gun death rate as the rest of the nation, we would have lost nearly 16,000 more people to gunshots in the last decade alone.\u003c/p>\n\u003cp>The survivors of the organization got together just literally in the days and weeks after this tragedy and decided to think about what the legal community had to offer to try to prevent gun violence and save lives. And they created this organization and right away got to work on starting to pass laws at the local level in California, at the state level. In the 30 years that our organization has been in place, [it] has innovated in areas of policy and other states have copied and started new approaches that have been very effective. And it’s really in large part thanks to these survivors that turned the pain into purpose and worked in coalition with others in the state and were able to make a lot of changes.\u003c/p>\n\u003cp>\u003cb>With all of that in mind, I wonder how you make sense of the fact that so much change came out of the 101 California shooting. But today, when it feels like we hear about mass shootings so much, there’s way less, if any, action.\u003c/b>\u003c/p>\n\u003cp>There’s a lot happening at the state level and even at the federal level, and I don’t know that the message has gotten out enough to the public about that. So last year, President Biden \u003ca href=\"https://www.npr.org/2022/06/25/1107626030/biden-signs-gun-safety-law\">signed\u003c/a> the first gun safety major legislation in nearly 30 years. That was a huge historic victory. We’ve had Republican governors signing gun safety laws. Unfortunately, what we still have is a way too high level of gun deaths in our country. So the epidemic itself is still raging, and there’s still so much work that we need to do.\u003c/p>\n\u003cp>\u003cb>We know a lot of communities across the state deal with everyday gun violence. What needs to happen to see meaningful change on this issue?\u003c/b>\u003c/p>\n\u003cp>Fortunately, there are people that have been working for decades on the problem of community violence intervention, and there are solutions that come from the communities themselves. And these are proven solutions to reducing homicides and injury in impacted neighborhoods. California has actually been on the forefront of funding these types of programs. In 2019 and 2021, the state significantly increased its investments in a program called \u003ca href=\"https://www.bscc.ca.gov/s_cpgpcalvipgrant/\">CalVIP\u003c/a> (California Violence Intervention and Prevention Grant Program), and that program funds these on-the-ground, community-based approaches. California has the nation’s largest state-funded program supporting these initiatives.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ci>KQED’s Bejan Siavoshy produced and edited this audio interview.\u003c/i>\u003c/p>\n\n","blocks":[],"excerpt":"Since the 1993 mass shooting at 101 California Street, lawmakers have continued to debate gun control. But proponents of gun safety measures say there have also been historic victories.","status":"publish","parent":0,"modified":1688414096,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":19,"wordCount":979},"headData":{"title":"Why the 101 California Street Shooting Still Resonates 30 Years Later | KQED","description":"Since the 1993 mass shooting at 101 California Street, lawmakers have continued to debate gun control. But proponents of gun safety measures say there have also been historic victories.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-4[…]f-aaef00f5a073/3e0a7167-61e1-4e60-adcd-b033000b2b38/audio.mp3","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11954815/why-the-101-california-street-shooting-still-resonates-30-years-later","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>As the nation continues to reckon with gun violence and how to prevent it, the 1993 \u003ca href=\"https://www.c-span.org/video/?c4249188/user-clip-steve-sposato-1993\">testimony\u003c/a> by Steve Sposato before the Senate Judiciary Committee rings ever true to this day.\u003c/p>\n\u003cp>“I don’t know how many of you have taken a trip to the coroner’s office to look at the most important person in your life with five bullets in their body,” he said, carrying his 10-month-old daughter on his back. “When they’re lying there lifeless, it’s pretty painful.”\u003c/p>\n\u003cp>Sposato had just lost his 30-year-old wife Jody Sposato in one of the deadliest mass shootings in Bay Area history. Thirty years ago on July 1, a gunman shot and killed eight people at a law firm on 101 California Street in San Francisco.\u003c/p>\n\u003cp>At the time, Sposato, now a longtime gun violence prevention advocate, urged Congress to ban semi-automatic assault weapons. This eventually became \u003ca href=\"https://www.congress.gov/bill/103rd-congress/house-bill/4296#:~:text=Public%20Safety%20and%20Recreational%20Firearms%20Use%20Protection%20Act%20%2D%20Amends%20the,or%20listed%20under%20this%20Act.\">federal law\u003c/a> until it expired in 2004. Since then — and several mass shootings later — congressional lawmakers have continued to debate the issue.\u003c/p>\n\u003cp>In addition to federal action, a group of lawyers mobilized in response to the 1993 shooting to bolster California’s gun laws — among the strictest in the country. Currently, the state has \u003ca href=\"https://www.kqed.org/news/11939499/red-flag-laws-in-california-san-francisco-san-diego\">red flag laws\u003c/a> (which allows someone to ask the court to remove a gun from someone likely to harm themselves or others), a ban on assault-style weapons and high-capacity magazines, and a mandate on background checks and waiting periods for firearm purchases.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Some of California’s top elected leaders have strived to show how the state could be a model for the rest of the country. This year, California U.S. Sen. Dianne Feinstein introduced \u003ca href=\"https://www.congress.gov/bill/118th-congress/senate-bill/25/actions\">legislation\u003c/a> that would ban assault-style weapons, and Gov. Gavin Newsom has proposed a \u003ca href=\"https://www.kqed.org/news/11952558/newsom-proposes-us-constitutional-amendment-to-ban-assault-weapons\">28th Amendment\u003c/a> to the U.S. Constitution to enshrine gun safety measures.\u003c/p>\n\u003cp>The California 101 St. shooting also led to the creation of the Giffords Law Center to Prevent Gun Violence, which has offices in San Francisco and Washington D.C. KQED’s Rachael Vasquez talked more about the impacts of the shooting with Laura Cutilletta, chief of staff at the Giffords Law Center.\u003c/p>\n\u003cp>\u003cem>This interview has been edited for brevity and clarity.\u003c/em>\u003c/p>\n\u003cp>\u003cb>Rachael Vasquez: I want to start with some context, because mass shootings weren’t very common when the shooting at 101 California St. happened, right?\u003c/b>\u003c/p>\n\u003cp>\u003cb>Laura Cutilletta:\u003c/b> That’s right. They were much less common than they are today. And this event really rocked the San Francisco community because it was just a terrible, tragic event.\u003c/p>\n\u003cp>\u003cb>This tragedy eventually led to around 100 gun laws being passed in California and a federal ban on assault weapons that was in effect for a decade. Can you tell us more about that?\u003c/b>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","tag":"gun-control"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>So 30 years ago, California had the third highest rate of gun homicides of any state in the country. And now [the state] has the seventh lowest rate of gun-related deaths, and it’s now well below the national average for gun deaths. And if California had the same gun death rate as the rest of the nation, we would have lost nearly 16,000 more people to gunshots in the last decade alone.\u003c/p>\n\u003cp>The survivors of the organization got together just literally in the days and weeks after this tragedy and decided to think about what the legal community had to offer to try to prevent gun violence and save lives. And they created this organization and right away got to work on starting to pass laws at the local level in California, at the state level. In the 30 years that our organization has been in place, [it] has innovated in areas of policy and other states have copied and started new approaches that have been very effective. And it’s really in large part thanks to these survivors that turned the pain into purpose and worked in coalition with others in the state and were able to make a lot of changes.\u003c/p>\n\u003cp>\u003cb>With all of that in mind, I wonder how you make sense of the fact that so much change came out of the 101 California shooting. But today, when it feels like we hear about mass shootings so much, there’s way less, if any, action.\u003c/b>\u003c/p>\n\u003cp>There’s a lot happening at the state level and even at the federal level, and I don’t know that the message has gotten out enough to the public about that. So last year, President Biden \u003ca href=\"https://www.npr.org/2022/06/25/1107626030/biden-signs-gun-safety-law\">signed\u003c/a> the first gun safety major legislation in nearly 30 years. That was a huge historic victory. We’ve had Republican governors signing gun safety laws. Unfortunately, what we still have is a way too high level of gun deaths in our country. So the epidemic itself is still raging, and there’s still so much work that we need to do.\u003c/p>\n\u003cp>\u003cb>We know a lot of communities across the state deal with everyday gun violence. What needs to happen to see meaningful change on this issue?\u003c/b>\u003c/p>\n\u003cp>Fortunately, there are people that have been working for decades on the problem of community violence intervention, and there are solutions that come from the communities themselves. And these are proven solutions to reducing homicides and injury in impacted neighborhoods. California has actually been on the forefront of funding these types of programs. In 2019 and 2021, the state significantly increased its investments in a program called \u003ca href=\"https://www.bscc.ca.gov/s_cpgpcalvipgrant/\">CalVIP\u003c/a> (California Violence Intervention and Prevention Grant Program), and that program funds these on-the-ground, community-based approaches. California has the nation’s largest state-funded program supporting these initiatives.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ci>KQED’s Bejan Siavoshy produced and edited this audio interview.\u003c/i>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11954815/why-the-101-california-street-shooting-still-resonates-30-years-later","authors":["11724","11860"],"categories":["news_8"],"tags":["news_32881","news_23604","news_2795","news_31138"],"featImg":"news_11954861","label":"news"},"news_11952872":{"type":"posts","id":"news_11952872","meta":{"index":"posts_1591205157","site":"news","id":"11952872","score":null,"sort":[1686704777000]},"guestAuthors":[],"slug":"san-francisco-considers-banning-guns-in-more-public-places-after-recent-shootings","title":"San Francisco Considers Banning Guns in More Public Places After Recent Shootings","publishDate":1686704777,"format":"standard","headTitle":"San Francisco Considers Banning Guns in More Public Places After Recent Shootings | KQED","labelTerm":{"site":"news"},"content":"\u003cp>A group of San Francisco leaders wants to expand the number of gun-free places across the city, following a series of brazen shootings over the weekend that left at least a dozen people injured.\u003c/p>\n\u003cp>Supervisor Catherine Stefani and City Attorney David Chiu announced \u003ca href=\"https://www.documentcloud.org/documents/23845865-ordinance-prohibited-places\">a new ordinance (PDF)\u003c/a> on Tuesday that would add more places where guns are prohibited, now to include hospitals, parks, movie theaters, places of worship, restaurants, grocery stores and voting sites.\u003c/p>\n\u003cp>“These are spaces where individuals should feel safe, secure and free from the threat of violence,” Stefani, who introduced the ordinance, said to reporters at a press conference on Tuesday. “By increasing the possibility of concealed weapons being present, these locations face increased potential for harm, which creates an environment of fear and unease in our everyday lives.”\u003c/p>\n\u003cp>San Francisco already bars firearms in certain settings, including at parades, protests and other public gatherings. But those with a valid license to carry a concealed weapon are currently still allowed to be armed in most other public settings.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"gun-violence\"]Violators of the new ordinance would be charged with a misdemeanor and fined as much as $1,000, and could be put in jail for up to six months.\u003c/p>\n\u003cp>The push for more gun restrictions comes after a particularly violent weekend in San Francisco, in which a shooter on Friday night \u003ca href=\"https://www.kqed.org/news/11952740/mission-district-residents-reeling-after-friday-night-shooting-leaves-9-injured\">injured nine bystanders at a block party in the Mission District\u003c/a>, and three more people were shot and injured two days later at a \u003ca href=\"https://sfstandard.com/criminal-justice/triple-shooting-outside-san-francisco-outer-mission-nightclub/\">Mission Terrace nightclub\u003c/a>.\u003c/p>\n\u003cp>Shootings in San Francisco have increased by 74% over the past five years, with 158 people in the city killed by firearms during that period, according to Stefani’s office.\u003c/p>\n\u003cp>“As Americans endure yet another year of deadly mass shootings, we must do more to protect our communities from gun violence,” said Chiu in a press release. “The Second Amendment was never intended to prevent people from safely exercising other fundamental rights like going to school, voting in person, or worshiping. There is a longstanding expectation that these sensitive areas should be free of firearms, and that expectation should be enshrined in the law.”\u003c/p>\n\u003cp>Rudy Corpuz Jr., founder and executive director of United Playaz, a San Francisco violence prevention and youth development organization, expressed support for the city’s latest gun-control proposal, vowing in a statement to “push and fight for more gun-violence prevention legislation that will protect our communities.”\u003c/p>\n\u003cp>Local gun-violence prevention laws across the country came under threat last year when \u003ca href=\"https://www.nytimes.com/2022/06/23/us/supreme-court-ny-open-carry-gun-law.html#:~:text=WASHINGTON%20%E2%80%94%20The%20Supreme%20Court%20ruled,states%20that%20have%20similar%20restrictions.\">the U.S. Supreme Court overturned a New York state law\u003c/a> that restricted who could get a license to carry a concealed weapon in public.\u003c/p>\n\u003cp>Since the court’s 6–3 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, \u003ca href=\"https://www.sfexaminer.com/news/concealed-carry-gun-applications-surged-in-san-francisco-after-bruen-decision/article_309342e4-33bb-11ed-a85b-cf0db8ae5aed.html\">applications for concealed carry permits have increased noticeably in multiple cities, including San Francisco\u003c/a>.\u003c/p>\n\u003cp>“We are no longer allowed to determine whether or not someone has good cause to carry a concealed weapon in public,” Stefani said at Tuesday’s press briefing. “This is a dangerous step backwards and a gross misinterpretation of the Constitution.”\u003c/p>\n\u003cp>A spate of public health studies, \u003ca href=\"https://www.cdc.gov/nchs/pressroom/sosmap/firearm_mortality/firearm.htm\">backed by data from the Centers for Disease Control and Prevention\u003c/a>, shows that \u003ca href=\"https://www.cdc.gov/nchs/pressroom/sosmap/firearm_mortality/firearm.htm\">firearm death rates are generally lower in states\u003c/a> with stronger gun-violence prevention laws.\u003c/p>\n\u003cp>“By implementing this prohibition, we can take a significant step towards safeguarding our community,” Stefani said. “This law will prevent acts of violence, reduce the risk of accidents and instill a greater sense of security in our public spaces.”\u003c/p>\n\u003cp>\u003cem>KQED reporter Christopher Alam contributed to this story.\u003cbr>\n\u003c/em>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The measure, which would prohibit guns in places like hospitals, parks and grocery stores, comes just days after nine people were wounded in a mass shooting at a block party in the city's Mission District.","status":"publish","parent":0,"modified":1686704780,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":16,"wordCount":626},"headData":{"title":"San Francisco Considers Banning Guns in More Public Places After Recent Shootings | KQED","description":"The measure, which would prohibit guns in places like hospitals, parks and grocery stores, comes just days after nine people were wounded in a mass shooting at a block party in the city's Mission District.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11952872/san-francisco-considers-banning-guns-in-more-public-places-after-recent-shootings","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A group of San Francisco leaders wants to expand the number of gun-free places across the city, following a series of brazen shootings over the weekend that left at least a dozen people injured.\u003c/p>\n\u003cp>Supervisor Catherine Stefani and City Attorney David Chiu announced \u003ca href=\"https://www.documentcloud.org/documents/23845865-ordinance-prohibited-places\">a new ordinance (PDF)\u003c/a> on Tuesday that would add more places where guns are prohibited, now to include hospitals, parks, movie theaters, places of worship, restaurants, grocery stores and voting sites.\u003c/p>\n\u003cp>“These are spaces where individuals should feel safe, secure and free from the threat of violence,” Stefani, who introduced the ordinance, said to reporters at a press conference on Tuesday. “By increasing the possibility of concealed weapons being present, these locations face increased potential for harm, which creates an environment of fear and unease in our everyday lives.”\u003c/p>\n\u003cp>San Francisco already bars firearms in certain settings, including at parades, protests and other public gatherings. But those with a valid license to carry a concealed weapon are currently still allowed to be armed in most other public settings.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"gun-violence"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Violators of the new ordinance would be charged with a misdemeanor and fined as much as $1,000, and could be put in jail for up to six months.\u003c/p>\n\u003cp>The push for more gun restrictions comes after a particularly violent weekend in San Francisco, in which a shooter on Friday night \u003ca href=\"https://www.kqed.org/news/11952740/mission-district-residents-reeling-after-friday-night-shooting-leaves-9-injured\">injured nine bystanders at a block party in the Mission District\u003c/a>, and three more people were shot and injured two days later at a \u003ca href=\"https://sfstandard.com/criminal-justice/triple-shooting-outside-san-francisco-outer-mission-nightclub/\">Mission Terrace nightclub\u003c/a>.\u003c/p>\n\u003cp>Shootings in San Francisco have increased by 74% over the past five years, with 158 people in the city killed by firearms during that period, according to Stefani’s office.\u003c/p>\n\u003cp>“As Americans endure yet another year of deadly mass shootings, we must do more to protect our communities from gun violence,” said Chiu in a press release. “The Second Amendment was never intended to prevent people from safely exercising other fundamental rights like going to school, voting in person, or worshiping. There is a longstanding expectation that these sensitive areas should be free of firearms, and that expectation should be enshrined in the law.”\u003c/p>\n\u003cp>Rudy Corpuz Jr., founder and executive director of United Playaz, a San Francisco violence prevention and youth development organization, expressed support for the city’s latest gun-control proposal, vowing in a statement to “push and fight for more gun-violence prevention legislation that will protect our communities.”\u003c/p>\n\u003cp>Local gun-violence prevention laws across the country came under threat last year when \u003ca href=\"https://www.nytimes.com/2022/06/23/us/supreme-court-ny-open-carry-gun-law.html#:~:text=WASHINGTON%20%E2%80%94%20The%20Supreme%20Court%20ruled,states%20that%20have%20similar%20restrictions.\">the U.S. Supreme Court overturned a New York state law\u003c/a> that restricted who could get a license to carry a concealed weapon in public.\u003c/p>\n\u003cp>Since the court’s 6–3 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, \u003ca href=\"https://www.sfexaminer.com/news/concealed-carry-gun-applications-surged-in-san-francisco-after-bruen-decision/article_309342e4-33bb-11ed-a85b-cf0db8ae5aed.html\">applications for concealed carry permits have increased noticeably in multiple cities, including San Francisco\u003c/a>.\u003c/p>\n\u003cp>“We are no longer allowed to determine whether or not someone has good cause to carry a concealed weapon in public,” Stefani said at Tuesday’s press briefing. “This is a dangerous step backwards and a gross misinterpretation of the Constitution.”\u003c/p>\n\u003cp>A spate of public health studies, \u003ca href=\"https://www.cdc.gov/nchs/pressroom/sosmap/firearm_mortality/firearm.htm\">backed by data from the Centers for Disease Control and Prevention\u003c/a>, shows that \u003ca href=\"https://www.cdc.gov/nchs/pressroom/sosmap/firearm_mortality/firearm.htm\">firearm death rates are generally lower in states\u003c/a> with stronger gun-violence prevention laws.\u003c/p>\n\u003cp>“By implementing this prohibition, we can take a significant step towards safeguarding our community,” Stefani said. “This law will prevent acts of violence, reduce the risk of accidents and instill a greater sense of security in our public spaces.”\u003c/p>\n\u003cp>\u003cem>KQED reporter Christopher Alam contributed to this story.\u003cbr>\n\u003c/em>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11952872/san-francisco-considers-banning-guns-in-more-public-places-after-recent-shootings","authors":["11840"],"categories":["news_8"],"tags":["news_32819","news_167","news_2795","news_18246","news_32820","news_38"],"featImg":"news_11952896","label":"news"},"news_11939956":{"type":"posts","id":"news_11939956","meta":{"index":"posts_1591205157","site":"news","id":"11939956","score":null,"sort":[1675287946000]},"guestAuthors":[],"slug":"newsom-pushes-for-tougher-gun-restrictions-following-spate-of-mass-shootings","title":"Newsom Pushes for Tougher Gun Restrictions Following Spate of Mass Shootings","publishDate":1675287946,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 3 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>Gov. Gavin Newsom wants to further limit where people in California can carry concealed guns, an appeal prompted by California's multiple mass shootings last month that left dozens dead across a state that already has some of the nation's toughest gun laws.\u003c/p>\n\u003cp>Newsom on Wednesday endorsed legislation (Senate Bill 2) that would \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB2\">ban people from carrying concealed guns into churches, public libraries, zoos, amusement parks, playgrounds, banks and all other privately owned businesses\u003c/a> that are open to the public.\u003c/p>\n\u003cp>“California's been solving for a pattern and it's working. We're saving lives, but we have more work to do. And this is part of this effort,” Newsom said at a press conference Wednesday. “I cannot impress upon you how much I look forward to signing this bill as soon as it gets to my desk.”\u003c/p>\n\u003cp>The new rule wouldn't apply if the business owner put up a sign saying concealed guns are allowed. State Sen. Anthony Portantino (D-Burbank), the bill's author, called that exception “a legal nuance that I think helps it with constitutional muster.”\u003c/p>\n\u003cp>“This is not window dressing. This is to put a strong bill on the governor's desk to withstand a legal challenge that is sure to come,” he said.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"gun-control\"]The bill would also prohibit anyone under 21 from obtaining a concealed-carry permit, and would require all permit holders to have more training, including on how to safely store and transport guns.\u003c/p>\n\u003cp>The California State Sheriffs' Association told KQED it is reviewing the new legislation and has yet to take a position on it.\u003c/p>\n\u003cp>The organization, which represents sheriffs from all 58 California counties, \u003ca href=\"https://twitter.com/calsheriffs/status/1564393710405578757?s=46&t=ksrweH9XLR9avUjxdYf3Xw\">opposed a similar bill last year\u003c/a>.\u003c/p>\n\u003cp>The push for stricter gun rules follows a month of near back-to-back mass shootings in California, including ones in \u003ca href=\"https://www.kqed.org/news/11938828/la-mass-shooting-suspect-kills-10-near-lunar-new-year-fest\">Monterey Park\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11938972/7-killed-in-monday-shooting-massacre-in-half-moon-bay\">Half Moon Bay\u003c/a> that occurred within 48 hours of each other, and together left 18 people dead and 10 others wounded. In total, the state had six mass shootings in January, in which at least 29 people were killed.\u003c/p>\n\u003cp>“We have in America an internationally unique tragedy and epidemic when it comes to gun violence,” California Attorney General Rob Bonta said Wednesday. “We have seen this tragedy in too many everyday places. Dance halls, places of work, gas stations and nightclubs. Places where people should feel safe.”\u003c/p>\n\u003cp>California and half a dozen other states previously had laws that required people to give a reason if they wanted to carry a concealed gun in public — like citing a direct threat to their public safety.\u003c/p>\n\u003cp>But a \u003ca href=\"https://www.reuters.com/legal/government/us-supreme-court-strikes-down-new-york-limits-concealed-handguns-2022-06-23/\">U.S. Supreme Court ruling\u003c/a> last year struck down those laws, making it easier for people in those states to get a permit to carry a concealed weapon.\u003c/p>\n\u003cp>California Democrats tried to pass new rules last year — and they would have succeeded, had it not been for a \u003ca href=\"https://apnews.com/article/gun-violence-us-supreme-court-california-politics-anthony-portantino-8f491b7dc121a437632442e4be80c5b9\">strategic blunder requiring a two-thirds vote of the Legislature\u003c/a> so the bill could take effect immediately. Democrats could not round up enough support, and the bill ultimately died.\u003c/p>\n\u003cp>“That's not going to happen this year,” Newsom said. “I will be signing this legislation.”\u003c/p>\n\u003cp>One recent study, from the left-leaning \u003ca href=\"https://www.americanprogress.org/article/fact-sheet-weakening-requirements-to-carry-a-concealed-firearm-increases-violent-crime/\">Center for American Progress\u003c/a>, found that gun homicides increased by an average of 22% in the three years after states weakened their concealed carry laws, while other non-fatal gun-related crimes increased by 29%.\u003c/p>\n\u003cp>SB 2 builds on California’s years-long effort to curb gun violence through safety legislation. The Golden State was among the first in the nation to pass and implement a \u003ca href=\"https://www.kqed.org/news/11939499/red-flag-laws-in-california-san-francisco-san-diego\">red flag gun law\u003c/a>, which allows courts to temporarily remove firearms from individuals proven to be a danger to themselves or others.\u003c/p>\n\u003cp>While those laws have not put a complete stop to gun-related tragedies, many crime prevention experts argue their impact has been significant: California’s gun death rate is \u003ca href=\"https://giffords.org/lawcenter/resources/scorecard/\">37% lower than the national average\u003c/a>, according to the Giffords Law Center, a gun violence prevention advocacy group.\u003c/p>\n\u003cp>And despite the recent slew of mass shootings in California, the state has the 44th-lowest \u003ca href=\"https://www.cdc.gov/nchs/pressroom/sosmap/firearm_mortality/firearm.htm\">gun-related death rate\u003c/a> in the nation, according to the Centers for Disease Control and Prevention.\u003c/p>\n\u003cp>\u003ci>This story includes reporting from KQED's Marisa Lagos and Sydney Johnson, and Adam Beam of The Associated Press.\u003c/i>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The governor endorsed legislation that would ban people from carrying concealed guns into churches, public libraries, zoos, amusement parks, playgrounds, banks and all other privately owned businesses that are open to the public.","status":"publish","parent":0,"modified":1675364931,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":752},"headData":{"title":"Newsom Pushes for Tougher Gun Restrictions Following Spate of Mass Shootings | KQED","description":"The governor endorsed legislation that would ban people from carrying concealed guns into churches, public libraries, zoos, amusement parks, playgrounds, banks and all other privately owned businesses that are open to the public.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/f2bf26ce-1225-4555-990f-af9d001ef124/audio.mp3?download=true","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11939956/newsom-pushes-for-tougher-gun-restrictions-following-spate-of-mass-shootings","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 3 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>Gov. Gavin Newsom wants to further limit where people in California can carry concealed guns, an appeal prompted by California's multiple mass shootings last month that left dozens dead across a state that already has some of the nation's toughest gun laws.\u003c/p>\n\u003cp>Newsom on Wednesday endorsed legislation (Senate Bill 2) that would \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB2\">ban people from carrying concealed guns into churches, public libraries, zoos, amusement parks, playgrounds, banks and all other privately owned businesses\u003c/a> that are open to the public.\u003c/p>\n\u003cp>“California's been solving for a pattern and it's working. We're saving lives, but we have more work to do. And this is part of this effort,” Newsom said at a press conference Wednesday. “I cannot impress upon you how much I look forward to signing this bill as soon as it gets to my desk.”\u003c/p>\n\u003cp>The new rule wouldn't apply if the business owner put up a sign saying concealed guns are allowed. State Sen. Anthony Portantino (D-Burbank), the bill's author, called that exception “a legal nuance that I think helps it with constitutional muster.”\u003c/p>\n\u003cp>“This is not window dressing. This is to put a strong bill on the governor's desk to withstand a legal challenge that is sure to come,” he said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"gun-control"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The bill would also prohibit anyone under 21 from obtaining a concealed-carry permit, and would require all permit holders to have more training, including on how to safely store and transport guns.\u003c/p>\n\u003cp>The California State Sheriffs' Association told KQED it is reviewing the new legislation and has yet to take a position on it.\u003c/p>\n\u003cp>The organization, which represents sheriffs from all 58 California counties, \u003ca href=\"https://twitter.com/calsheriffs/status/1564393710405578757?s=46&t=ksrweH9XLR9avUjxdYf3Xw\">opposed a similar bill last year\u003c/a>.\u003c/p>\n\u003cp>The push for stricter gun rules follows a month of near back-to-back mass shootings in California, including ones in \u003ca href=\"https://www.kqed.org/news/11938828/la-mass-shooting-suspect-kills-10-near-lunar-new-year-fest\">Monterey Park\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11938972/7-killed-in-monday-shooting-massacre-in-half-moon-bay\">Half Moon Bay\u003c/a> that occurred within 48 hours of each other, and together left 18 people dead and 10 others wounded. In total, the state had six mass shootings in January, in which at least 29 people were killed.\u003c/p>\n\u003cp>“We have in America an internationally unique tragedy and epidemic when it comes to gun violence,” California Attorney General Rob Bonta said Wednesday. “We have seen this tragedy in too many everyday places. Dance halls, places of work, gas stations and nightclubs. Places where people should feel safe.”\u003c/p>\n\u003cp>California and half a dozen other states previously had laws that required people to give a reason if they wanted to carry a concealed gun in public — like citing a direct threat to their public safety.\u003c/p>\n\u003cp>But a \u003ca href=\"https://www.reuters.com/legal/government/us-supreme-court-strikes-down-new-york-limits-concealed-handguns-2022-06-23/\">U.S. Supreme Court ruling\u003c/a> last year struck down those laws, making it easier for people in those states to get a permit to carry a concealed weapon.\u003c/p>\n\u003cp>California Democrats tried to pass new rules last year — and they would have succeeded, had it not been for a \u003ca href=\"https://apnews.com/article/gun-violence-us-supreme-court-california-politics-anthony-portantino-8f491b7dc121a437632442e4be80c5b9\">strategic blunder requiring a two-thirds vote of the Legislature\u003c/a> so the bill could take effect immediately. Democrats could not round up enough support, and the bill ultimately died.\u003c/p>\n\u003cp>“That's not going to happen this year,” Newsom said. “I will be signing this legislation.”\u003c/p>\n\u003cp>One recent study, from the left-leaning \u003ca href=\"https://www.americanprogress.org/article/fact-sheet-weakening-requirements-to-carry-a-concealed-firearm-increases-violent-crime/\">Center for American Progress\u003c/a>, found that gun homicides increased by an average of 22% in the three years after states weakened their concealed carry laws, while other non-fatal gun-related crimes increased by 29%.\u003c/p>\n\u003cp>SB 2 builds on California’s years-long effort to curb gun violence through safety legislation. The Golden State was among the first in the nation to pass and implement a \u003ca href=\"https://www.kqed.org/news/11939499/red-flag-laws-in-california-san-francisco-san-diego\">red flag gun law\u003c/a>, which allows courts to temporarily remove firearms from individuals proven to be a danger to themselves or others.\u003c/p>\n\u003cp>While those laws have not put a complete stop to gun-related tragedies, many crime prevention experts argue their impact has been significant: California’s gun death rate is \u003ca href=\"https://giffords.org/lawcenter/resources/scorecard/\">37% lower than the national average\u003c/a>, according to the Giffords Law Center, a gun violence prevention advocacy group.\u003c/p>\n\u003cp>And despite the recent slew of mass shootings in California, the state has the 44th-lowest \u003ca href=\"https://www.cdc.gov/nchs/pressroom/sosmap/firearm_mortality/firearm.htm\">gun-related death rate\u003c/a> in the nation, according to the Centers for Disease Control and Prevention.\u003c/p>\n\u003cp>\u003ci>This story includes reporting from KQED's Marisa Lagos and Sydney Johnson, and Adam Beam of The Associated Press.\u003c/i>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11939956/newsom-pushes-for-tougher-gun-restrictions-following-spate-of-mass-shootings","authors":["237"],"categories":["news_8"],"tags":["news_17908","news_5756","news_19317","news_16","news_2795","news_31361","news_1103"],"featImg":"news_11939963","label":"news"},"news_11939499":{"type":"posts","id":"news_11939499","meta":{"index":"posts_1591205157","site":"news","id":"11939499","score":null,"sort":[1675094492000]},"guestAuthors":[],"slug":"red-flag-laws-in-california-san-francisco-san-diego","title":"How Effective Are California's 'Red Flag' Gun Laws? San Francisco and San Diego Are Trying to Find Out","publishDate":1675094492,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Three mass shootings in California this month have brought renewed attention to the state’s gun violence prevention laws, known as red flag laws, that allow courts to remove firearms from someone deemed a danger to themselves or others.\u003c/p>\n\u003cp>But many California residents don’t know about the laws, according to researchers at UC Davis, limiting their potential. And it’s been a slow rollout training and staffing law enforcement agencies to enforce gun violence restraining orders, which temporarily prohibit someone from having a firearm.\u003c/p>\n\u003cp>“Often in the aftermath of tragedies such as mass shootings, we hear about red flags displayed by the perpetrator that could have signaled an impending crisis or trauma,” California Attorney General Rob Bonta said in a public statement this week. “Criminal and civil orders that result in the removal of firearms are critical tools that can help save lives, but they are severely underutilized. When you have concerns that someone may pose a threat, we encourage you to act.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"David Chiu, San Francisco city attorney\"]'We are not talking about trivial situations. These are incredibly volatile situations and any could lead to horrific and tragic results.'[/pullquote]San Francisco and San Diego are two cities trying to boost utilization of red flag laws to help get guns out of potentially dangerous situations.\u003c/p>\n\u003cp>“Red flag laws are an incredibly important tool,” said San Francisco City Attorney David Chiu, whose office processes requests for gun violence restraining orders. “In our first few years, we have removed firearms in several dozen highly dangerous circumstances.”\u003c/p>\n\u003cp>In 2016, California became one of the first states to enact a red flag law, following \u003ca href=\"https://www.kqed.org/news/137287/can-legislation-prevent-mass-shootings\">the 2014 mass shooting in Isla Vista that killed seven people\u003c/a>. California is now among the 19 states and the District of Columbia with such laws, also often called “extreme risk protection orders.”\u003c/p>\n\u003cp>The law allows law enforcement, household members, family, teachers, employers and co-workers to request that a judge temporarily remove access to another person’s firearm if they pose a significant threat.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The request is typically made to local law enforcement, who, along with attorneys, investigate and build a case for whether the individual should be brought to court for a hearing before a judge.\u003c/p>\n\u003cp>Since 2016, San Francisco has recovered more than 50 firearms, both registered and unregistered, through gun violence restraining orders, according to Chiu, as well as thousands of rounds of ammunition.\u003c/p>\n\u003cp>But nearly \u003ca href=\"https://jamanetwork.com/journals/jama-health-forum/fullarticle/2780806\">two-thirds of Californians surveyed have still never heard of gun violence restraining orders\u003c/a>, according to a 2021 study from UC Davis.\u003c/p>\n\u003cp>However, the same study found that once surveyors were given a description of the policy, they supported it.\u003c/p>\n\u003cp>“So what we see there is really this willingness of individuals to take action once they know something is in place. But, a lot of people don’t know this exists or even the process of going about that,” said Nicole Kravitz-Wirtz, who studies gun violence at UC Davis and is the lead author of the study.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=RdRrQNemFoQ\u003c/p>\n\u003cp>In San Francisco, the red flag law has been utilized in situations such as when a man strangled his mother and threatened to kill her, according to Chiu. In another case, San Francisco authorities confiscated firearms and six rounds of ammunition from someone who was experiencing hallucinations and began firing a pistol inside his house, believing someone was coming out of the fridge to take his wife and kid.\u003c/p>\n\u003cp>“We are not talking about trivial situations,” Chiu said. “These are incredibly volatile situations and any could lead to horrific and tragic results.”\u003c/p>\n\u003cp>Chiu believes San Francisco is just getting started. Last year, the City Attorney’s Office received city funding to hire a full-time staff member to oversee gun removal requests and help increase awareness and capacity for follow-through on requests.\u003c/p>\n\u003cp>San Diego has started down that path already. There, a team of around eight attorneys and investigators are assigned to gun violence restraining orders.\u003c/p>\n\u003ch2>'This is a crisis intervention tool'\u003c/h2>\n\u003cp>“The idea is to give a cooling-off period to the individual. Usually, the person for whom guns and access to guns is an issue is going through some kind of a traumatic event. And it could be a breakup of a relationship, maybe they got out of the military and they have post-traumatic stress disorder,” San Diego City Attorney Mara Elliott told KQED. “We work closely with Alzheimer's here in San Diego because once-responsible gun owners could become irresponsible because their health deteriorated.”\u003c/p>\n\u003cp>In 2021, San Diego accounted for about 31% (435 out of 1,384) of all gun violence restraining orders issued across the state, according to the state Attorney General’s Office. The city has issued more than 1,000 gun violence restraining orders since the law was enacted in California in 2016, according to Elliott.\u003c/p>\n\u003cp>She estimates that roughly a third of those confiscations were in situations where the individual had shown signs or expressed thoughts of self-harm, and another third has been related to domestic violence and intimate partner trauma. Other situations where the restraining orders have been approved include workplace and school threats, Elliott said.\u003c/p>\n\u003cp>“This is a crisis intervention tool. If someone is going through a really hard time, let’s get the guns out of their home and help them get better,” Elliott said. “We don’t have any interest in [removing guns from] responsible gun owners.”\u003c/p>\n\u003cp>[aside label='Related Coverage' tag='mass-shootings']Part of the work that San Diego’s gun violence prevention office does is assess whether a gun violence restraining order is the best intervention. In some cases, anger management or mental health treatment might be more appropriate.\u003c/p>\n\u003cp>“If we are only dealing with the threat and not what led to it, we could miss something really important,” Elliott said.\u003c/p>\n\u003cp>Law enforcement officials in San Francisco said the request alone can provide a useful heads-up about behaviors before a violent incident occurs.\u003c/p>\n\u003cp>“We have people who purchased guns legally but may be in crisis or experiencing a mental health issue that may not have come up in the background process. So it’s literally a red flag to us to take that firearm out of their possession,” said San Francisco Sheriff Paul Miyamoto.\u003c/p>\n\u003cp>James Dudley, a former deputy chief with the San Francisco Police Department, now teaches criminal justice at San Francisco State University. He thinks California could be doing more to utilize its red flag law and enforcement.\u003c/p>\n\u003cp>“I remember during my own time as a law enforcement officer, we would get stuck and had to tell victims we didn’t have enough evidence to get a court order to seize guns. There were so many different cases where if we could have got ahead of the game, we could have prevented some violence,” Dudley told KQED. “Shootings can often be repeat offenders and we don't do nearly enough for people with the highest propensity for firearms violation.”\u003c/p>\n\u003ch2>Do you know someone with access to a firearm who may be a risk to themselves or others?\u003c/h2>\n\u003cp>\u003ca href=\"https://speakforsafety.org/\">SpeakforSafety.org\u003c/a>, a campaign to raise awareness of gun violence restraining orders, has resources to walk you through the necessary steps of how to obtain an order. The site includes support for employees, family or household members, teachers and others.\u003c/p>\n\u003cp>More information can also be found through the California Courts website in \u003ca href=\"https://www.courts.ca.gov/33961.htm?rdeLocaleAttr=en\">English\u003c/a> and in \u003ca href=\"https://www.courts.ca.gov/33961.htm?rdeLocaleAttr=es\">Spanish\u003c/a>.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"One thing is certain: More people need to know about the laws, which allow courts to remove firearms from anyone deemed a danger to themselves or others.","status":"publish","parent":0,"modified":1675109240,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":30,"wordCount":1295},"headData":{"title":"How Effective Are California's 'Red Flag' Gun Laws? San Francisco and San Diego Are Trying to Find Out | KQED","description":"San Diego and San Francisco are investing more in gun violence restraining order enforcement to curb firearm-related injury and death.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11939499/red-flag-laws-in-california-san-francisco-san-diego","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Three mass shootings in California this month have brought renewed attention to the state’s gun violence prevention laws, known as red flag laws, that allow courts to remove firearms from someone deemed a danger to themselves or others.\u003c/p>\n\u003cp>But many California residents don’t know about the laws, according to researchers at UC Davis, limiting their potential. And it’s been a slow rollout training and staffing law enforcement agencies to enforce gun violence restraining orders, which temporarily prohibit someone from having a firearm.\u003c/p>\n\u003cp>“Often in the aftermath of tragedies such as mass shootings, we hear about red flags displayed by the perpetrator that could have signaled an impending crisis or trauma,” California Attorney General Rob Bonta said in a public statement this week. “Criminal and civil orders that result in the removal of firearms are critical tools that can help save lives, but they are severely underutilized. When you have concerns that someone may pose a threat, we encourage you to act.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'We are not talking about trivial situations. These are incredibly volatile situations and any could lead to horrific and tragic results.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"David Chiu, San Francisco city attorney","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>San Francisco and San Diego are two cities trying to boost utilization of red flag laws to help get guns out of potentially dangerous situations.\u003c/p>\n\u003cp>“Red flag laws are an incredibly important tool,” said San Francisco City Attorney David Chiu, whose office processes requests for gun violence restraining orders. “In our first few years, we have removed firearms in several dozen highly dangerous circumstances.”\u003c/p>\n\u003cp>In 2016, California became one of the first states to enact a red flag law, following \u003ca href=\"https://www.kqed.org/news/137287/can-legislation-prevent-mass-shootings\">the 2014 mass shooting in Isla Vista that killed seven people\u003c/a>. California is now among the 19 states and the District of Columbia with such laws, also often called “extreme risk protection orders.”\u003c/p>\n\u003cp>The law allows law enforcement, household members, family, teachers, employers and co-workers to request that a judge temporarily remove access to another person’s firearm if they pose a significant threat.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The request is typically made to local law enforcement, who, along with attorneys, investigate and build a case for whether the individual should be brought to court for a hearing before a judge.\u003c/p>\n\u003cp>Since 2016, San Francisco has recovered more than 50 firearms, both registered and unregistered, through gun violence restraining orders, according to Chiu, as well as thousands of rounds of ammunition.\u003c/p>\n\u003cp>But nearly \u003ca href=\"https://jamanetwork.com/journals/jama-health-forum/fullarticle/2780806\">two-thirds of Californians surveyed have still never heard of gun violence restraining orders\u003c/a>, according to a 2021 study from UC Davis.\u003c/p>\n\u003cp>However, the same study found that once surveyors were given a description of the policy, they supported it.\u003c/p>\n\u003cp>“So what we see there is really this willingness of individuals to take action once they know something is in place. But, a lot of people don’t know this exists or even the process of going about that,” said Nicole Kravitz-Wirtz, who studies gun violence at UC Davis and is the lead author of the study.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/RdRrQNemFoQ'\n title='//www.youtube.com/embed/RdRrQNemFoQ'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>In San Francisco, the red flag law has been utilized in situations such as when a man strangled his mother and threatened to kill her, according to Chiu. In another case, San Francisco authorities confiscated firearms and six rounds of ammunition from someone who was experiencing hallucinations and began firing a pistol inside his house, believing someone was coming out of the fridge to take his wife and kid.\u003c/p>\n\u003cp>“We are not talking about trivial situations,” Chiu said. “These are incredibly volatile situations and any could lead to horrific and tragic results.”\u003c/p>\n\u003cp>Chiu believes San Francisco is just getting started. Last year, the City Attorney’s Office received city funding to hire a full-time staff member to oversee gun removal requests and help increase awareness and capacity for follow-through on requests.\u003c/p>\n\u003cp>San Diego has started down that path already. There, a team of around eight attorneys and investigators are assigned to gun violence restraining orders.\u003c/p>\n\u003ch2>'This is a crisis intervention tool'\u003c/h2>\n\u003cp>“The idea is to give a cooling-off period to the individual. Usually, the person for whom guns and access to guns is an issue is going through some kind of a traumatic event. And it could be a breakup of a relationship, maybe they got out of the military and they have post-traumatic stress disorder,” San Diego City Attorney Mara Elliott told KQED. “We work closely with Alzheimer's here in San Diego because once-responsible gun owners could become irresponsible because their health deteriorated.”\u003c/p>\n\u003cp>In 2021, San Diego accounted for about 31% (435 out of 1,384) of all gun violence restraining orders issued across the state, according to the state Attorney General’s Office. The city has issued more than 1,000 gun violence restraining orders since the law was enacted in California in 2016, according to Elliott.\u003c/p>\n\u003cp>She estimates that roughly a third of those confiscations were in situations where the individual had shown signs or expressed thoughts of self-harm, and another third has been related to domestic violence and intimate partner trauma. Other situations where the restraining orders have been approved include workplace and school threats, Elliott said.\u003c/p>\n\u003cp>“This is a crisis intervention tool. If someone is going through a really hard time, let’s get the guns out of their home and help them get better,” Elliott said. “We don’t have any interest in [removing guns from] responsible gun owners.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"mass-shootings"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Part of the work that San Diego’s gun violence prevention office does is assess whether a gun violence restraining order is the best intervention. In some cases, anger management or mental health treatment might be more appropriate.\u003c/p>\n\u003cp>“If we are only dealing with the threat and not what led to it, we could miss something really important,” Elliott said.\u003c/p>\n\u003cp>Law enforcement officials in San Francisco said the request alone can provide a useful heads-up about behaviors before a violent incident occurs.\u003c/p>\n\u003cp>“We have people who purchased guns legally but may be in crisis or experiencing a mental health issue that may not have come up in the background process. So it’s literally a red flag to us to take that firearm out of their possession,” said San Francisco Sheriff Paul Miyamoto.\u003c/p>\n\u003cp>James Dudley, a former deputy chief with the San Francisco Police Department, now teaches criminal justice at San Francisco State University. He thinks California could be doing more to utilize its red flag law and enforcement.\u003c/p>\n\u003cp>“I remember during my own time as a law enforcement officer, we would get stuck and had to tell victims we didn’t have enough evidence to get a court order to seize guns. There were so many different cases where if we could have got ahead of the game, we could have prevented some violence,” Dudley told KQED. “Shootings can often be repeat offenders and we don't do nearly enough for people with the highest propensity for firearms violation.”\u003c/p>\n\u003ch2>Do you know someone with access to a firearm who may be a risk to themselves or others?\u003c/h2>\n\u003cp>\u003ca href=\"https://speakforsafety.org/\">SpeakforSafety.org\u003c/a>, a campaign to raise awareness of gun violence restraining orders, has resources to walk you through the necessary steps of how to obtain an order. The site includes support for employees, family or household members, teachers and others.\u003c/p>\n\u003cp>More information can also be found through the California Courts website in \u003ca href=\"https://www.courts.ca.gov/33961.htm?rdeLocaleAttr=en\">English\u003c/a> and in \u003ca href=\"https://www.courts.ca.gov/33961.htm?rdeLocaleAttr=es\">Spanish\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11939499/red-flag-laws-in-california-san-francisco-san-diego","authors":["11840"],"categories":["news_6188","news_8","news_13"],"tags":["news_17725","news_167","news_2795","news_18246","news_1103","news_17968","news_29561","news_4486","news_38"],"featImg":"news_11939510","label":"news"},"news_11939501":{"type":"posts","id":"news_11939501","meta":{"index":"posts_1591205157","site":"news","id":"11939501","score":null,"sort":[1674865394000]},"guestAuthors":[],"slug":"sfmtas-jeffrey-tumlin-ca-gun-violence","title":"SFMTA's Jeffrey Tumlin | CA Gun Violence","publishDate":1674865394,"format":"video","headTitle":"KQED Newsroom | KQED News","labelTerm":{"term":7052,"site":"news"},"content":"\u003cp>\u003cb>California Gun Violence\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Multiple waves of gun violence have left at least \u003c/span>\u003cspan style=\"font-weight: 400\">25 people dead in four mass shootings over two weeks, \u003c/span>\u003cspan style=\"font-weight: 400\">from Southern California to the Bay Area. While the motives behind the shootings are varied and murky, the trail of devastation left behind in the wake of these tragedies is clear. We focus on the violence and rise in gun ownership in the AAPI community. \u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Madi Bolaños, KQED co-host of The California Report\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Guy Marzorati, KQED politics and government reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Varun Nikore, AAPI Victory Alliance executive director \u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cb>SFMTA Director of Transportation\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The San Francisco \u003c/span>\u003cspan style=\"font-weight: 400\">Municipal Transportation\u003c/span>\u003cspan style=\"font-weight: 400\"> Agency, commonly known as Muni, is already dealing with lower revenues caused by the pandemic. With the agency still in recovery mode, will San Francisco's looming budget shortfall threaten them further? We discuss this time of change with SFMTA Director of Transportation Jeffrey Tumlin.\u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cb>Something Beautiful: Ramses the Great and the Gold of the Pharaohs\u003c/b>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The de Young Museum is currently showcasing an exhibit 3,000 years in the making. As it comes to a close on Feb.12, we take one last peek at the ancient artifacts and glittering splendor of this week's Something Beautiful: Ramses the Great and the Gold of the Pharaohs.\u003c/span>\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1674865394,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":9,"wordCount":216},"headData":{"title":"SFMTA's Jeffrey Tumlin | CA Gun Violence | KQED","description":"California Gun Violence Multiple waves of gun violence have left at least 25 people dead in four mass shootings over two weeks, from Southern California to the Bay Area. While the motives behind the shootings are varied and murky, the trail of devastation left behind in the wake of these tragedies is clear. We focus","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"videoEmbed":"https://youtu.be/Cp2RVhepuRU","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/11939501/sfmtas-jeffrey-tumlin-ca-gun-violence","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>California Gun Violence\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Multiple waves of gun violence have left at least \u003c/span>\u003cspan style=\"font-weight: 400\">25 people dead in four mass shootings over two weeks, \u003c/span>\u003cspan style=\"font-weight: 400\">from Southern California to the Bay Area. While the motives behind the shootings are varied and murky, the trail of devastation left behind in the wake of these tragedies is clear. We focus on the violence and rise in gun ownership in the AAPI community. \u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">Guests:\u003c/span>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Madi Bolaños, KQED co-host of The California Report\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Guy Marzorati, KQED politics and government reporter\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">Varun Nikore, AAPI Victory Alliance executive director \u003c/span>\u003c/li>\n\u003c/ul>\n\u003cp> \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cb>SFMTA Director of Transportation\u003c/b>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The San Francisco \u003c/span>\u003cspan style=\"font-weight: 400\">Municipal Transportation\u003c/span>\u003cspan style=\"font-weight: 400\"> Agency, commonly known as Muni, is already dealing with lower revenues caused by the pandemic. With the agency still in recovery mode, will San Francisco's looming budget shortfall threaten them further? We discuss this time of change with SFMTA Director of Transportation Jeffrey Tumlin.\u003c/span>\u003c/p>\n\u003cp> \u003c/p>\n\u003cp>\u003cb>Something Beautiful: Ramses the Great and the Gold of the Pharaohs\u003c/b>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">The de Young Museum is currently showcasing an exhibit 3,000 years in the making. As it comes to a close on Feb.12, we take one last peek at the ancient artifacts and glittering splendor of this week's Something Beautiful: Ramses the Great and the Gold of the Pharaohs.\u003c/span>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11939501/sfmtas-jeffrey-tumlin-ca-gun-violence","authors":["236"],"programs":["news_7052"],"categories":["news_31795","news_1169","news_6188","news_28250","news_8","news_13","news_1397"],"tags":["news_29182","news_32019","news_32341","news_16","news_2795","news_18246","news_32332","news_32324","news_1334"],"featImg":"news_11939509","label":"news_7052"},"news_11924625":{"type":"posts","id":"news_11924625","meta":{"index":"posts_1591205157","site":"news","id":"11924625","score":null,"sort":[1662210113000]},"guestAuthors":[],"slug":"misfire-behind-the-california-concealed-carry-bills-big-fail","title":"Misfire: Behind the Big Fail of California's Concealed Carry Bill","publishDate":1662210113,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>The California Legislature rarely passes up an opportunity to place new restrictions on firearms, or stick a finger in the eye of the U.S. Supreme Court’s conservative majority.\u003c/p>\n\u003cp>But in one of the final acts of the 2022 legislative session, lawmakers declined to do either early Thursday when they opted not to pass a bill that would have rewritten state regulations on concealed carry licenses.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB918\">The bill\u003c/a>, written by Attorney General Rob Bonta and introduced by Democratic Sen. Anthony Portantino of Glendale, was \u003ca href=\"https://twitter.com/Portantino/status/1540111383336914944?s=20&t=AnAue_MMqPZQRBGwkUnRcw\">a direct response\u003c/a> to a \u003ca href=\"https://calmatters.org/justice/criminal-justice/2022/06/california-gun-laws-supreme-court/\">June high court ruling\u003c/a> that struck down a New York state law requiring anyone applying for the right to legally carry around a concealed firearm in public, to demonstrate a “special need” first. California’s similar law, which required the showing of “good cause,” fell along with it.\u003c/p>\n\u003cp>[pullquote size='small' citation='Shannon Watts, Moms Demand Action']'A dangerous Supreme Court decision recently put California families and communities at risk, yet last night too many of our representatives disregarded that danger and neglected to take action.'[/pullquote]But despite the \u003ca href=\"https://twitter.com/CAgovernor/status/1540127084797779968?s=20&t=l96tonxHrAX_TYywfTwmcg\">very public support\u003c/a> of Gov. Gavin Newsom, California’s rejoinder to the court stalled in the Assembly, unable to overcome the wariness of a handful of Democrats and the unified opposition of Republicans. That’s despite some \u003ca href=\"https://twitter.com/akoseff/status/1565212523019677696\">persistent lobbying on the chamber floor\u003c/a> by Bonta himself, an Assemblymember for nine years until his \u003ca href=\"https://calmatters.org/justice/2021/04/bonta-attorney-general-policing-california/\">2021 appointment by Newsom\u003c/a> to lead the state’s Department of Justice.\u003c/p>\n\u003cp>According to the final tally, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml?bill_id=202120220SB918\">the bill failed by one vote\u003c/a>.\u003c/p>\n\u003cp>“I am deeply disappointed that Californians’ right to live, work, and congregate safely remains at risk as a result of this initial outcome in our Legislature,” Bonta said in a statement. “But make no mistake: We intend to take any and all action necessary to ensure we get a bill that will correct the dangers presented to our communities as a result of” the court’s ruling.\u003c/p>\n\u003cp>Gun control advocates were also incensed. “A dangerous Supreme Court decision recently put California families and communities at risk, yet last night too many of our representatives disregarded that danger and neglected to take action,” Shannon Watts of the advocacy group Moms Demand Action said in a statement.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">[aside postID='news_11922045,news_11920270,news_11919743' label='More on Gun Control']\u003c/span>For an institution that has for years been reliably receptive to new restrictions on guns and the people who own, buy and sell them, it was a rare retreat. Earlier this year, in \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2022/05/texas-shooting-newsom-gun-laws/\">response to back-to-back mass shootings\u003c/a> in Buffalo, New York, and Uvalde, Texas, lawmakers passed and Newsom signed \u003ca href=\"https://www.gov.ca.gov/2022/07/21/governor-newsom-signs-new-measures-to-protect-californians-from-gun-violence/\">a bushel of new gun bills\u003c/a>, adding to a thick body of law that already makes California gun restrictions the \u003ca href=\"https://calmatters.org/explainers/california-gun-laws-policy-explained/\">most numerous in the country\u003c/a>.\u003c/p>\n\u003cp>Adding insult to injury for California gun regulation advocates: New York state passed a \u003ca href=\"https://www.nysenate.gov/legislation/bills/2021/s51001\">similar bill\u003c/a> regulating concealed carry permits earlier this summer that \u003ca href=\"https://apnews.com/article/us-supreme-court-travel-manhattan-gun-politics-legislature-507daf2e3b85e72af606b4f44ef2ceab\">went into effect on Thursday\u003c/a>.\u003c/p>\n\u003cp>But as if to illustrate some of the concerns held by the California bill’s opponents, a federal judge has already said that there is “\u003ca href=\"https://ag.ny.gov/sites/default/files/2022.08.31_order_on_pi_motion_0.pdf\">a strong likelihood\u003c/a>” that the New York law is unconstitutional.\u003c/p>\n\u003ch2>\u003cstrong>Why this bill was not like the others\u003c/strong>\u003c/h2>\n\u003cp>For disappointed supporters of the bill, there’s plenty of possible blame to go around.\u003c/p>\n\u003cp>Even by California standards, the proposal was ambitious in its scope, placing a raft of new requirements on concealed carry applicants and new restrictions on license holders. That earned the opposition of the California State Sheriffs’ Association, representing the officials who would have been tasked with implementing much of the bill, as well as the icy silence of other law enforcement groups.\u003c/p>\n\u003cp>[pullquote size='small' citation='Dan Reid, National Rifle Association']'[The bill was] nothing more than pure defiance of the Supreme Court's ruling.'[/pullquote]Though the Supreme Court banned law enforcement agencies from awarding permits based on their own subjective discretion, the ruling left open the possibility that states can add on their own “objective” standards. Under Portantino’s bill, applicants would need to receive a psychological assessment, take at least 16 hours of safety training and provide three reference letters attesting to their moral fitness.\u003c/p>\n\u003cp>The ruling also permitted counties and states to specify certain “sensitive” gun-free zones. Under the bill, bars and restaurants, medical facilities, parks, public gatherings, airport parking lots and most private businesses would have fallen under that category.\u003c/p>\n\u003cp>For the bill’s opponents, exploiting a loophole left in the court’s opinion was dishonest.\u003c/p>\n\u003cp>“The bait and switch of this bill is disingenuous,” Republican Assemblymember Thurston Smith from Hesperia said on the Assembly floor earlier this week.\u003c/p>\n\u003cp>Celebrating the bill’s failure on Thursday, National Rifle Association lobbyist Dan Reid called the bill “nothing more than pure defiance of the Supreme Court’s ruling.”\u003c/p>\n\u003cp>In its \u003ca href=\"https://twitter.com/calsheriffs/status/1564393710405578757/photo/1\">opposition letter\u003c/a> sent to lawmakers in the final days of the session, the California State Sheriffs’ Association decried the extra administrative costs the bill would place upon them, noted the possibility that it would open their offices to legal liability and bemoaned the fact that the policy would turn much of the state into a gun-free zone.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Other bill watchers noted that judges, retired police officers and prosecutors — professionals likely to have the ear and sympathy of many lawmakers — are disproportionately represented among the state’s concealed carry license holders.\u003c/p>\n\u003cp>Backers of the bill may also have been victims of their own overconfidence and eagerness. They tacked an “urgency clause” onto the bill, so it would take effect as soon as it was signed by the governor, rather than waiting until Jan. 1. That decision raised the threshold needed to pass the bill from a simple majority to two-thirds.\u003c/p>\n\u003cp>Without that clause, the bill would have passed the Assembly and likely the Senate.\u003c/p>\n\u003cp>“Obviously, if we thought it was going to fail, we wouldn’t have put in the urgency cause,” Portantino said later Thursday.\u003c/p>\n\u003ch2>\u003cstrong>No love lost\u003c/strong>\u003c/h2>\n\u003cp>Election-year politics and some lingering bad blood between a few key lawmakers probably didn’t help matters, either.\u003c/p>\n\u003cp>The two Assembly Democrats who voted no were Ken Cooley from Rancho Cordova and Bakersfield’s Rudy Salas. Both often take a more skeptical eye toward gun regulations and both are facing competitive elections against Republicans in November.\u003c/p>\n\u003cp>Assemblymember Jim Cooper, sheriff-elect in Sacramento County, abstained from voting, as did fellow Democrats Joaquin Arambula of Fresno and James Ramos of Rancho Cucamonga. Because the bill needed 54 yes votes to pass, failing to cast a vote one way or the other amounts to a \u003ca href=\"https://twitter.com/LaurelRosenhall/status/1169028232252968960\">tactful way to vote no\u003c/a>.\u003c/p>\n\u003cp>But Portantino reserved a special degree of outrage for Patrick O’Donnell, a Democrat from Long Beach, who also declined to vote on the measure.\u003c/p>\n\u003cp>“To come up one vote short is beyond frustrating and to know that one Assemblymember purposely reversed his vote specifically to kill this important public safety measure is reprehensible,” the senator said in a statement. “California is less safe today because of that action and I am committed to bringing this bill back on December 5th when the chief obstructionist won’t be here to block it.”\u003c/p>\n\u003cp>O’Donnell, who decided not to seek reelection in November, voted in favor of an earlier amendment to the bill, but did not support the proposal outright when it came up numerous times on the Assembly floor. In an interview, Portantino declined to speculate on the reason behind O’Donnell’s vote. “It’s his conscience and his decision, so you’ll have to ask him,” he said.\u003c/p>\n\u003cp>In a statement of his own, O’Donnell rejected the idea that he alone was responsible for killing the bill and said that he had concerns about its legal viability.\u003c/p>\n\u003cp>“I wish I was powerful enough to single-handedly kill any bill. There are 120 members of the Legislature and many of them did not support this bill. That is why it failed,” said O’Donnell, who \u003ca href=\"https://www.assembly.ca.gov/media/assembly-education-committee-20220629/video\">got into a heated debate\u003c/a> with Portantino in June over his decision to kill one of the senator’s bills without a hearing as chair of the Assembly Education Committee.\u003c/p>\n\u003cfigure id=\"attachment_11924631\" class=\"wp-caption alignright\" style=\"max-width: 780px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58340_091019_assembly_CalMatters-qut.jpg\">\u003cimg class=\"size-full wp-image-11924631\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58340_091019_assembly_CalMatters-qut.jpg\" alt=\"A man with pinkish white skin is seen in the center of the image, walking forward. He's wearing a gray suit, blue and white checked shirt and blue and black striped tie. His light brown hair, flecked with gray, is combed back over his head. Behind him are other people on the floor of the state Assembly.\" width=\"780\" height=\"551\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58340_091019_assembly_CalMatters-qut.jpg 780w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58340_091019_assembly_CalMatters-qut-160x113.jpg 160w\" sizes=\"(max-width: 780px) 100vw, 780px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Assemblymember Patrick O’Donnell crosses the floor on Sept. 10, 2019. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I’m not going to pass something, even on my last day in the Legislature, that may not be constitutional,” O’Donnell said. “Senator Portantino needs to look in the mirror as to why this bill failed.”\u003c/p>\n\u003cp>Portantino said he wants to “get it through the system as quickly as possible” in the next session and that he would prefer to keep the urgency provision. Without it, any new law wouldn’t take effect until July 1 at the earliest if it’s incorporated into the state budget. Otherwise, the default start date would be Jan. 1, 2024.\u003c/p>\n\u003ch2>\u003cstrong>The status quo\u003c/strong>\u003c/h2>\n\u003cp>Without the bill’s new rules, the pressure is now on county sheriffs to start handing out concealed carry licenses under the Supreme Court’s new standard, if they aren’t in compliance yet.\u003c/p>\n\u003cp>Many already are — and were even before the ruling. Because California’s prior licensing system granted local discretion over who has “good cause” to have a concealed carry license, counties with gun-rights sheriffs, including Sacramento, Orange County and Fresno, assumed any applicant who met the bare minimum standard as having good cause enough.\u003c/p>\n\u003cp>But for liberal-leaning urban areas on the coast, changes may be coming.\u003c/p>\n\u003cp>Some “will be dragging their feet,” said Chuck Michel, president of the California Rifle and Pistol Association. “But the sheriffs are going to start issuing, and they’re going to be sued very quickly by us if they don’t.”\u003c/p>\n\u003cp>San Francisco, for example, issued \u003ca href=\"https://calmatters.org/justice/criminal-justice/2022/06/california-concealed-carry/\">just 11 concealed carry permits\u003c/a> over the last decade, rejecting all other applications as unnecessary. Since the Supreme Court’s ruling, the department has received 40 applications, said spokesperson Kelvin Wu.\u003c/p>\n\u003cp>“We have issued no concealed carry permits as of yet. We are finalizing changes to our policies and practices based on the change in the law,” he added.\u003c/p>\n\u003cp>Now that no change in law is forthcoming from the Legislature — at least not in the short term — the effects of the Supreme Court ruling that Newsom, Bonta and Portantino wanted to shield California from are likely to arrive before long.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Lawmakers opted not to pass a bill that would have rewritten state regulations on concealed carry licenses.","status":"publish","parent":0,"modified":1662488017,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":41,"wordCount":1832},"headData":{"title":"Misfire: Behind the Big Fail of California's Concealed Carry Bill | KQED","description":"Lawmakers opted not to pass a bill that would have rewritten state regulations on concealed carry licenses.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11924625 https://ww2.kqed.org/news/?p=11924625","disqusUrl":"https://ww2.kqed.org/news/2022/09/03/misfire-behind-the-california-concealed-carry-bills-big-fail/","disqusTitle":"Misfire: Behind the Big Fail of California's Concealed Carry Bill","source":"CalMatters","sourceUrl":"https://calmatters.org/","nprByline":"Ben Christopher","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11924625/misfire-behind-the-california-concealed-carry-bills-big-fail","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>The California Legislature rarely passes up an opportunity to place new restrictions on firearms, or stick a finger in the eye of the U.S. Supreme Court’s conservative majority.\u003c/p>\n\u003cp>But in one of the final acts of the 2022 legislative session, lawmakers declined to do either early Thursday when they opted not to pass a bill that would have rewritten state regulations on concealed carry licenses.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB918\">The bill\u003c/a>, written by Attorney General Rob Bonta and introduced by Democratic Sen. Anthony Portantino of Glendale, was \u003ca href=\"https://twitter.com/Portantino/status/1540111383336914944?s=20&t=AnAue_MMqPZQRBGwkUnRcw\">a direct response\u003c/a> to a \u003ca href=\"https://calmatters.org/justice/criminal-justice/2022/06/california-gun-laws-supreme-court/\">June high court ruling\u003c/a> that struck down a New York state law requiring anyone applying for the right to legally carry around a concealed firearm in public, to demonstrate a “special need” first. California’s similar law, which required the showing of “good cause,” fell along with it.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'A dangerous Supreme Court decision recently put California families and communities at risk, yet last night too many of our representatives disregarded that danger and neglected to take action.'","name":"pullquote","attributes":{"named":{"size":"small","citation":"Shannon Watts, Moms Demand Action","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But despite the \u003ca href=\"https://twitter.com/CAgovernor/status/1540127084797779968?s=20&t=l96tonxHrAX_TYywfTwmcg\">very public support\u003c/a> of Gov. Gavin Newsom, California’s rejoinder to the court stalled in the Assembly, unable to overcome the wariness of a handful of Democrats and the unified opposition of Republicans. That’s despite some \u003ca href=\"https://twitter.com/akoseff/status/1565212523019677696\">persistent lobbying on the chamber floor\u003c/a> by Bonta himself, an Assemblymember for nine years until his \u003ca href=\"https://calmatters.org/justice/2021/04/bonta-attorney-general-policing-california/\">2021 appointment by Newsom\u003c/a> to lead the state’s Department of Justice.\u003c/p>\n\u003cp>According to the final tally, \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml?bill_id=202120220SB918\">the bill failed by one vote\u003c/a>.\u003c/p>\n\u003cp>“I am deeply disappointed that Californians’ right to live, work, and congregate safely remains at risk as a result of this initial outcome in our Legislature,” Bonta said in a statement. “But make no mistake: We intend to take any and all action necessary to ensure we get a bill that will correct the dangers presented to our communities as a result of” the court’s ruling.\u003c/p>\n\u003cp>Gun control advocates were also incensed. “A dangerous Supreme Court decision recently put California families and communities at risk, yet last night too many of our representatives disregarded that danger and neglected to take action,” Shannon Watts of the advocacy group Moms Demand Action said in a statement.\u003c/p>\n\u003cp>\u003cspan style=\"font-weight: 400\">\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11922045,news_11920270,news_11919743","label":"More on Gun Control "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/span>For an institution that has for years been reliably receptive to new restrictions on guns and the people who own, buy and sell them, it was a rare retreat. Earlier this year, in \u003ca href=\"https://calmatters.org/newsletters/whatmatters/2022/05/texas-shooting-newsom-gun-laws/\">response to back-to-back mass shootings\u003c/a> in Buffalo, New York, and Uvalde, Texas, lawmakers passed and Newsom signed \u003ca href=\"https://www.gov.ca.gov/2022/07/21/governor-newsom-signs-new-measures-to-protect-californians-from-gun-violence/\">a bushel of new gun bills\u003c/a>, adding to a thick body of law that already makes California gun restrictions the \u003ca href=\"https://calmatters.org/explainers/california-gun-laws-policy-explained/\">most numerous in the country\u003c/a>.\u003c/p>\n\u003cp>Adding insult to injury for California gun regulation advocates: New York state passed a \u003ca href=\"https://www.nysenate.gov/legislation/bills/2021/s51001\">similar bill\u003c/a> regulating concealed carry permits earlier this summer that \u003ca href=\"https://apnews.com/article/us-supreme-court-travel-manhattan-gun-politics-legislature-507daf2e3b85e72af606b4f44ef2ceab\">went into effect on Thursday\u003c/a>.\u003c/p>\n\u003cp>But as if to illustrate some of the concerns held by the California bill’s opponents, a federal judge has already said that there is “\u003ca href=\"https://ag.ny.gov/sites/default/files/2022.08.31_order_on_pi_motion_0.pdf\">a strong likelihood\u003c/a>” that the New York law is unconstitutional.\u003c/p>\n\u003ch2>\u003cstrong>Why this bill was not like the others\u003c/strong>\u003c/h2>\n\u003cp>For disappointed supporters of the bill, there’s plenty of possible blame to go around.\u003c/p>\n\u003cp>Even by California standards, the proposal was ambitious in its scope, placing a raft of new requirements on concealed carry applicants and new restrictions on license holders. That earned the opposition of the California State Sheriffs’ Association, representing the officials who would have been tasked with implementing much of the bill, as well as the icy silence of other law enforcement groups.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'[The bill was] nothing more than pure defiance of the Supreme Court's ruling.'","name":"pullquote","attributes":{"named":{"size":"small","citation":"Dan Reid, National Rifle Association","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Though the Supreme Court banned law enforcement agencies from awarding permits based on their own subjective discretion, the ruling left open the possibility that states can add on their own “objective” standards. Under Portantino’s bill, applicants would need to receive a psychological assessment, take at least 16 hours of safety training and provide three reference letters attesting to their moral fitness.\u003c/p>\n\u003cp>The ruling also permitted counties and states to specify certain “sensitive” gun-free zones. Under the bill, bars and restaurants, medical facilities, parks, public gatherings, airport parking lots and most private businesses would have fallen under that category.\u003c/p>\n\u003cp>For the bill’s opponents, exploiting a loophole left in the court’s opinion was dishonest.\u003c/p>\n\u003cp>“The bait and switch of this bill is disingenuous,” Republican Assemblymember Thurston Smith from Hesperia said on the Assembly floor earlier this week.\u003c/p>\n\u003cp>Celebrating the bill’s failure on Thursday, National Rifle Association lobbyist Dan Reid called the bill “nothing more than pure defiance of the Supreme Court’s ruling.”\u003c/p>\n\u003cp>In its \u003ca href=\"https://twitter.com/calsheriffs/status/1564393710405578757/photo/1\">opposition letter\u003c/a> sent to lawmakers in the final days of the session, the California State Sheriffs’ Association decried the extra administrative costs the bill would place upon them, noted the possibility that it would open their offices to legal liability and bemoaned the fact that the policy would turn much of the state into a gun-free zone.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Other bill watchers noted that judges, retired police officers and prosecutors — professionals likely to have the ear and sympathy of many lawmakers — are disproportionately represented among the state’s concealed carry license holders.\u003c/p>\n\u003cp>Backers of the bill may also have been victims of their own overconfidence and eagerness. They tacked an “urgency clause” onto the bill, so it would take effect as soon as it was signed by the governor, rather than waiting until Jan. 1. That decision raised the threshold needed to pass the bill from a simple majority to two-thirds.\u003c/p>\n\u003cp>Without that clause, the bill would have passed the Assembly and likely the Senate.\u003c/p>\n\u003cp>“Obviously, if we thought it was going to fail, we wouldn’t have put in the urgency cause,” Portantino said later Thursday.\u003c/p>\n\u003ch2>\u003cstrong>No love lost\u003c/strong>\u003c/h2>\n\u003cp>Election-year politics and some lingering bad blood between a few key lawmakers probably didn’t help matters, either.\u003c/p>\n\u003cp>The two Assembly Democrats who voted no were Ken Cooley from Rancho Cordova and Bakersfield’s Rudy Salas. Both often take a more skeptical eye toward gun regulations and both are facing competitive elections against Republicans in November.\u003c/p>\n\u003cp>Assemblymember Jim Cooper, sheriff-elect in Sacramento County, abstained from voting, as did fellow Democrats Joaquin Arambula of Fresno and James Ramos of Rancho Cucamonga. Because the bill needed 54 yes votes to pass, failing to cast a vote one way or the other amounts to a \u003ca href=\"https://twitter.com/LaurelRosenhall/status/1169028232252968960\">tactful way to vote no\u003c/a>.\u003c/p>\n\u003cp>But Portantino reserved a special degree of outrage for Patrick O’Donnell, a Democrat from Long Beach, who also declined to vote on the measure.\u003c/p>\n\u003cp>“To come up one vote short is beyond frustrating and to know that one Assemblymember purposely reversed his vote specifically to kill this important public safety measure is reprehensible,” the senator said in a statement. “California is less safe today because of that action and I am committed to bringing this bill back on December 5th when the chief obstructionist won’t be here to block it.”\u003c/p>\n\u003cp>O’Donnell, who decided not to seek reelection in November, voted in favor of an earlier amendment to the bill, but did not support the proposal outright when it came up numerous times on the Assembly floor. In an interview, Portantino declined to speculate on the reason behind O’Donnell’s vote. “It’s his conscience and his decision, so you’ll have to ask him,” he said.\u003c/p>\n\u003cp>In a statement of his own, O’Donnell rejected the idea that he alone was responsible for killing the bill and said that he had concerns about its legal viability.\u003c/p>\n\u003cp>“I wish I was powerful enough to single-handedly kill any bill. There are 120 members of the Legislature and many of them did not support this bill. That is why it failed,” said O’Donnell, who \u003ca href=\"https://www.assembly.ca.gov/media/assembly-education-committee-20220629/video\">got into a heated debate\u003c/a> with Portantino in June over his decision to kill one of the senator’s bills without a hearing as chair of the Assembly Education Committee.\u003c/p>\n\u003cfigure id=\"attachment_11924631\" class=\"wp-caption alignright\" style=\"max-width: 780px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58340_091019_assembly_CalMatters-qut.jpg\">\u003cimg class=\"size-full wp-image-11924631\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58340_091019_assembly_CalMatters-qut.jpg\" alt=\"A man with pinkish white skin is seen in the center of the image, walking forward. He's wearing a gray suit, blue and white checked shirt and blue and black striped tie. His light brown hair, flecked with gray, is combed back over his head. Behind him are other people on the floor of the state Assembly.\" width=\"780\" height=\"551\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58340_091019_assembly_CalMatters-qut.jpg 780w, https://ww2.kqed.org/app/uploads/sites/10/2022/09/RS58340_091019_assembly_CalMatters-qut-160x113.jpg 160w\" sizes=\"(max-width: 780px) 100vw, 780px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Assemblymember Patrick O’Donnell crosses the floor on Sept. 10, 2019. \u003ccite>(Anne Wernikoff/CalMatters)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I’m not going to pass something, even on my last day in the Legislature, that may not be constitutional,” O’Donnell said. “Senator Portantino needs to look in the mirror as to why this bill failed.”\u003c/p>\n\u003cp>Portantino said he wants to “get it through the system as quickly as possible” in the next session and that he would prefer to keep the urgency provision. Without it, any new law wouldn’t take effect until July 1 at the earliest if it’s incorporated into the state budget. Otherwise, the default start date would be Jan. 1, 2024.\u003c/p>\n\u003ch2>\u003cstrong>The status quo\u003c/strong>\u003c/h2>\n\u003cp>Without the bill’s new rules, the pressure is now on county sheriffs to start handing out concealed carry licenses under the Supreme Court’s new standard, if they aren’t in compliance yet.\u003c/p>\n\u003cp>Many already are — and were even before the ruling. Because California’s prior licensing system granted local discretion over who has “good cause” to have a concealed carry license, counties with gun-rights sheriffs, including Sacramento, Orange County and Fresno, assumed any applicant who met the bare minimum standard as having good cause enough.\u003c/p>\n\u003cp>But for liberal-leaning urban areas on the coast, changes may be coming.\u003c/p>\n\u003cp>Some “will be dragging their feet,” said Chuck Michel, president of the California Rifle and Pistol Association. “But the sheriffs are going to start issuing, and they’re going to be sued very quickly by us if they don’t.”\u003c/p>\n\u003cp>San Francisco, for example, issued \u003ca href=\"https://calmatters.org/justice/criminal-justice/2022/06/california-concealed-carry/\">just 11 concealed carry permits\u003c/a> over the last decade, rejecting all other applications as unnecessary. Since the Supreme Court’s ruling, the department has received 40 applications, said spokesperson Kelvin Wu.\u003c/p>\n\u003cp>“We have issued no concealed carry permits as of yet. We are finalizing changes to our policies and practices based on the change in the law,” he added.\u003c/p>\n\u003cp>Now that no change in law is forthcoming from the Legislature — at least not in the short term — the effects of the Supreme Court ruling that Newsom, Bonta and Portantino wanted to shield California from are likely to arrive before long.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11924625/misfire-behind-the-california-concealed-carry-bills-big-fail","authors":["byline_news_11924625"],"categories":["news_8","news_13"],"tags":["news_26542","news_17908","news_2795","news_31565"],"featImg":"news_11924632","label":"source_news_11924625"},"news_11922045":{"type":"posts","id":"news_11922045","meta":{"index":"posts_1591205157","site":"news","id":"11922045","score":null,"sort":[1660078629000]},"guestAuthors":[],"slug":"the-return-of-bounty-law-as-gun-and-abortion-bills-empower-citizens-experts-warn-of-dangerous-precedent","title":"The Return of 'Bounty Law': As Gun and Abortion Bills Empower Citizens, Experts Warn of Dangerous Precedent","publishDate":1660078629,"format":"standard","headTitle":"CALmatters | KQED News","labelTerm":{},"content":"\u003cp>In Texas and California, new laws call on the people of each state to watch and report their neighbors — and reap a reward for doing so. Unusual, yes — although it’s a concept that dates back to the earliest days of the American republic.\u003c/p>\n\u003cp>But what do Civil War-era legislators raging about sick mules and wet gunpowder have to do with \u003ca href=\"https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB00008F.pdf\">Texas Senate Bill 8\u003c/a>, its “heartbeat” abortion law, and \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1327\">California Senate Bill 1327\u003c/a>, its newest gun act?\u003c/p>\n\u003cp>They all \u003ca href=\"https://cite.case.law/cal/106/113/\">set out bounties\u003c/a>, with the state entrusting its citizens to enforce the law and promising remuneration to those who do.\u003c/p>\n\u003cp>The Texas law, passed in 2021, bans abortions if a doctor detects a fetal heartbeat, usually at about six weeks — but it’s not up to the state to enforce it. Instead, people anywhere in the United States can sue anyone who helped a Texan get an abortion. Successful lawsuits offer at least $10,000 per reported abortion, and the defendant, not the state, pays the plaintiff.\u003c/p>\n\u003cp>As U.S. Chief Justice John Roberts noted, the law ran contrary to abortion rights guaranteed under Roe v. Wade, then the law of the land. Instead, he wrote in a \u003ca href=\"https://www.oyez.org/cases/2021/21-463\">concurring opinion\u003c/a>, “Texas has employed an array of stratagems designed to shield its unconstitutional law from judicial review.”\u003c/p>\n\u003cp>Opponents included the firearms industry, which \u003ca href=\"https://www.supremecourt.gov/DocketPDF/21/21-463/197884/20211027164758725_21-463%20tsac%20WWH%20-amicus-FPC-final.pdf\">started getting nervous\u003c/a> about the implications for gun owners.\u003c/p>\n\u003cp>Sure enough, by the time the U.S. Supreme Court later jettisoned Roe’s right to abortion, perhaps making the machinations of Texas unnecessary, California was already fighting fire with fire.\u003c/p>\n\u003cp>Last month, Gov. Gavin Newsom \u003ca href=\"https://www.latimes.com/california/story/2022-07-22/newsom-signs-gun-bill-modeled-after-texas-abortion-ban-setting-up\">signed a bounty law\u003c/a> targeting \u003ca href=\"https://calmatters.org/explainers/california-gun-laws-policy-explained/\">not abortion but guns\u003c/a>. It allows private citizens to sue anyone for $10,000 for selling, distributing or importing ghost guns or \u003ca href=\"https://oag.ca.gov/firearms/regagunfaqs#1\">assault weapons\u003c/a>.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.texastribune.org/2022/04/19/abortion-texas-wendy-davis/\">new legal challenge to the Texas law\u003c/a> was filed in April. Gun rights supporters have promised to challenge California’s law as well.\u003c/p>\n\u003cp>Entrusting the public to enforce the laws and paying them with bounties was once how this country kept the lights on — or, at least, the lanterns lit.\u003c/p>\n\u003cp>“Before you had a really strong central state, and before you had a professional civil service, a lot of government services were provided on a bounty or a fee-for-service basis,” said Stanford Law School professor David Freeman Engstrom.\u003c/p>\n\u003cp>To catch wrongdoing back then, the state had to rely on people watching their neighbors — and maybe hauling them to court.\u003c/p>\n\u003cfigure id=\"attachment_11922056\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-scaled.jpg\">\u003cimg class=\"size-full wp-image-11922056\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Gov. Gavin Newsom speaks during a news conference on gun legislation at Santa Monica College, where five people were shot and killed in 2013 by a gunman. In July, Newsom signed a bounty law that allows private citizens to sue anyone for $10,000 for selling, distributing or importing so-called ghost guns. \u003ccite>(Hans Gutknecht/MediaNews Group/Los Angeles Daily News via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Today the U.S. government rewards people who report fraudulent war contracts, \u003ca href=\"https://rewardsforjustice.net/\">terrorism\u003c/a>, violations of federal environmental law and Medicaid fraud. The state of California allows financial rewards for people who sue to enforce its Proposition 65 toxics warning law.\u003c/p>\n\u003cp>And, of course, there’s bail-jumping, for which we still have “professional” bounty hunters, though the subjects of bail bounties \u003ca href=\"https://static.prisonpolicy.org/scans/UCLA_Devil%20_in_the_Details.pdf\">sign a contract surrendering many of their rights\u003c/a>.\u003c/p>\n\u003cp>Not all bounties pay in money, Engstrom said — under federal environmental laws, a nonprofit is only able to recover attorney’s fees, from a successful injunction either against a polluter; against other violations of environmental law; or to protect an endangered species of animals. But the nonprofit is also able to demonstrate to potential donors that they’re “doing important work out in the world,” he said.\u003c/p>\n\u003cp>The Texas and California bounty laws are relatively novel now, said University of Georgia School of Law professor Randy Beck, but he worries about what could come next.\u003c/p>\n\u003cp>“There’s a long history with these things that is not very happy,” Beck said. “There’s a good reason that legislators have stopped using them, and I think I’m worried that a bunch of legislators are repeating history that we don’t want to repeat.”\u003c/p>\n\u003ch2>'We've created a monster'\u003c/h2>\n\u003cp>\u003ca href=\"https://core.ac.uk/download/pdf/151514455.pdf\">One of the first bounty laws in history\u003c/a> was enacted in England in the early 1300s. Local officials were supposed to set uniform prices for wine, but some of them were also wine sellers. That conflict of interest complicated King Edward II’s effort to reassert political control over a fractious kingdom.[aside label=\"Related Stories\" postID=\"news_11920270,news_11918271\"]But he couldn’t be everywhere. So, he deputized every man in England: If they found local officials selling wine, the Crown would seize that wine — and the person who made the complaint would receive one-third of the seizure.\u003c/p>\n\u003cp>Across the pond and 500 years later, Abraham Lincoln was tiring of fraudulent war contractors. The Union Army had been sold lame horses, sick mules, rancid food, guns that wouldn’t fire and artillery shells filled with sawdust. Sometimes they erroneously purchased them twice.\u003c/p>\n\u003cp>U.S. Sen. Jacob Howard of Michigan in 1863 led the charge for what would become the False Claims Act, the gold standard for bounty laws that, in its modern form, triples the damages for fraud and allots the person who reports it one-third of the award. The idea, said Howard: “Setting a rogue to catch a rogue, which is the safest and most expeditious way I have ever discovered of bringing rogues to justice.”\u003c/p>\n\u003cp>For most of its history, the U.S. government operated on bribes and bounties, argued Yale law and history professor Nicholas Parrillo.\u003c/p>\n\u003cp>His book “\u003ca href=\"https://academic.oup.com/yale-scholarship-online/book/29766?login=false\">Against the Profit Motive\u003c/a>” details how until the early 1900s, states often left unpaid tax collections to bounty hunters and rewarded them with a portion of the proceeds. Bounties also went to naval officers who captured enemy ships and took a percentage of their value.\u003c/p>\n\u003cp>People would rush to punish murder and thievery, Parrillo wrote, but getting communities to follow federal laws that the community itself didn’t agree with — or care about — was impossible without incentives.\u003c/p>\n\u003cfigure id=\"attachment_11922061\" class=\"wp-caption alignright\" style=\"max-width: 1349px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1.jpg\">\u003cimg class=\"size-full wp-image-11922061\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1.jpg\" alt=\"a wanted sign from 1912 announcing a reward for a wanted man\" width=\"1349\" height=\"2048\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1.jpg 1349w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1-800x1215.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1-1020x1549.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1-160x243.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1-1012x1536.jpg 1012w\" sizes=\"(max-width: 1349px) 100vw, 1349px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A wanted poster issued by the San Francisco chief of police in 1912. \u003ccite>(Image courtesy of UC Berkeley, Bancroft Library via Online Archive of California)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The concept may evoke romantic notions of the California Rangers chasing the \u003ca href=\"https://en.wikipedia.org/wiki/Five_Joaquins_Gang\">Five Joaquins Gang\u003c/a> through the goldfields for a \u003ca href=\"https://digitalcommons.usu.edu/cgi/viewcontent.cgi?article=3058&context=etd\">$6,000 bounty\u003c/a>. But bounties had a darker history in the 1800s. The Fugitive Slave Act offered \u003ca href=\"https://www.npr.org/transcripts/1035741353#:~:text=HERSHIPS%3A%20Back%20in%201850%2C%20the,the%20one%20Texas%20just%20enacted.\">rewards for catching enslaved people who had escaped\u003c/a>, and Mexico once offered bounties for Native American scalps.\u003c/p>\n\u003cp>U.S. lawmakers had created a system that encouraged bounty hunters to maximize their earnings by finding the most crimes, not the most serious crimes. That meant punishing people for the smallest technical violations of the tax code.\u003c/p>\n\u003cp>“When officials live by bounties, it becomes impossible for laypersons to attribute good motives to those people,” \u003ca href=\"https://www.youtube.com/watch?app=desktop&v=6Uim8TRTWvU\">Parrillo explained\u003c/a>.\u003c/p>\n\u003cp>Parrillo read from a lengthy speech by Maine Republican Thomas Brackett Reed, former speaker of the House in the 1890s: “What community ever bestirred itself against frauds on the internal revenue, against moonshine distilleries, against smuggling, against a hundred other things which are crimes against the United States?\u003c/p>\n\u003cp>“You need to have the officials stimulated by a similar self-interest to that which excites and supports and sustains the criminal.”\u003c/p>\n\u003cp>And that, it should be noted, was in a speech in favor of bounties.\u003c/p>\n\u003cp>“American lawmakers recoiled from what they had done,” Parrillo said. \"They said, 'Oh, my God, we’ve created a monster. We need to shut it down right now.'\"\u003c/p>\n\u003cp>So out went bounties, and, eventually, in came paid professional IRS agents and beat cops, creating a system of salaried civil service employees. In the late 1800s and early 1900s, Congress and state legislatures gradually removed bounties and replaced bounty hunters with paid police.\u003c/p>\n\u003cp>Lincoln’s False Claims Act remained in effect, though Congress significantly diluted it in 1943, after a successful False Claims Act lawsuit worried military contractors during World War II. Then came the 1980s, when the Department of Defense was charged \u003ca href=\"https://www.grassley.senate.gov/news/news-releases/qanda-whistleblowers-shine-light-on-fraud\">$7,000 for a coffee pot and $640 for a toilet seat\u003c/a>.\u003c/p>\n\u003cp>At a hearing, Rep. Andy Ireland of Florida read from a list of fraudulent sales to the military during the Civil War and harkened back to the False Claims Act. “Here we are \u003ca href=\"https://www.justice.gov/sites/default/files/jmd/legacy/2014/02/09/hear-48-1986.pdf\">120 years later\u003c/a>,” he said, “and we are still confronted with the same problems in military procurement.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Nicholas Parrillo, Yale law and history professor\"]'American lawmakers recoiled from what they had done. They said, 'Oh, my God, we've created a monster. We need to shut it down right now.'[/pullquote]The act came roaring back, and today, Engstrom said, it’s the “purest form” of a bounty statute.\u003c/p>\n\u003cp>And California created its own modern version of bounty hunting with voter-approved \u003ca href=\"https://oehha.ca.gov/proposition-65\">Prop. 65\u003c/a>. Since 1986, the state has invited residents to report violations of the environmental law that seeks to warn people about carcinogenic chemicals or those that affect reproduction in the products they consume.\u003c/p>\n\u003cp>The state permits citizens to bring private lawsuits for violations — and reap the rewards if they prevail in court or the company they sued decides to settle.\u003c/p>\n\u003cp>In 2019, the California Chamber of Commerce fought a new \u003ca href=\"https://calmatters.org/health/2019/03/prop-65-toxic-warning-online-wine-coffee/\">proposed Prop. 65 warning\u003c/a> on acrylamide, a chemical created by cooking food, and one that the state couldn’t say definitively caused cancer. \u003ca href=\"https://casetext.com/case/cal-chamber-of-commerce-v-becerra-2\">The chamber won\u003c/a>, and the chamber’s attorneys said the court action halted “hundreds of pending — but not yet filed — private enforcement actions” about that one chemical alone.\u003c/p>\n\u003cp>But the new abortion and gun moves in Texas and California take the resurgence of bounty laws to a new level.\u003c/p>\n\u003cp>Texas State Sen. Bryan Hughes, the author of the state's new abortion law, wrote last September in \u003ca href=\"https://www.bryanhughes.com/wsj-heartbeat-bill\">a Wall Street Journal op-ed\u003c/a> that though the law is unconventional, legislators were out of options.\u003c/p>\n\u003cp>“The law departs from conventional enforcement channels, obviously,” Hughes wrote. “In almost every case, the person wronged, and therefore the person who brings the claim, is the plaintiff.\u003c/p>\n\u003cp>“In the case of abortion, the wronged party has been extinguished.”\u003c/p>\n\u003cp>For his part, Newsom didn’t discourage accusations that California’s gun law is aimed at merely trolling conservative states, when he took out ads in Florida urging residents to move to California and \u003ca href=\"https://twitter.com/GavinNewsom/status/1550492943441485824?s=20&t=0Sf1Fxbzc2j9_yfZ9Z1QOQ\">tweeted at Texas Gov. Greg Abbott on July 22\u003c/a>.\u003c/p>\n\u003cp>“Texans will wake up this morning to this simple message,” Newsom wrote on Twitter. “If Texas can ban abortion and endanger lives, California can ban deadly weapons of war and save lives. If [Abbott] truly wants to protect the right to life, he should follow California’s lead.”\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"American Civil Liberties Union\"]'Replicating the reprehensible Texas model only serves to legitimize and promote it.'[/pullquote]The \u003ca href=\"https://aclucalaction.org/wp-content/uploads/2022/05/SB-1327-5.2.22.pdf\">American Civil Liberties Union isn’t having it\u003c/a> from either side. In opposing California’s law allowing citizens to sue over ghost guns and assault weapons, the ACLU called the law “an attack on the Constitution.” It said that despite California’s aim to force the Supreme Court to choose between states’ rights and gun rights, California was following a dangerous precedent.\u003c/p>\n\u003cp>“Replicating the reprehensible Texas model only serves to legitimize and promote it,” the group wrote in May.\u003c/p>\n\u003cp>Beck, the Georgia law professor, notes in \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4029815\">a forthcoming paper\u003c/a> that red-state \u003ca href=\"https://idahocapitalsun.com/2022/03/23/idaho-governor-signs-bill-effectively-banning-most-abortions/\">Idaho has already adopted\u003c/a> a scaled-down version of the Texas abortion law, and blue-state Illinois is already considering legislation mirroring California’s gun law.\u003c/p>\n\u003cp>Idaho Gov. Brad Little has \u003ca href=\"https://www.courthousenews.com/idaho-governor-signs-texas-styled-abortion-bill-into-law/\">expressed doubts\u003c/a> about the law’s civil enforcement: “While I support the pro-life policy in this legislation, I fear the novel civil enforcement mechanism will, in short order, be proven both unconstitutional and unwise.”\u003c/p>\n\u003cp>“It becomes kind of part of this culture war, one state retaliating against another state,” Beck said. “These things are not good in practice, and in my view, I think they have lots of problems. I’d like to kind of keep them in the corners for very, very infrequent use.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Texas put a bounty on abortion providers and California did the same for illegal gun sales. But bounties have a long and troubled history — and critics say bringing them back is not a good idea.","status":"publish","parent":0,"modified":1660085695,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":50,"wordCount":2117},"headData":{"title":"The Return of 'Bounty Law': As Gun and Abortion Bills Empower Citizens, Experts Warn of Dangerous Precedent | KQED","description":"Texas put a bounty on abortion providers and California did the same for illegal gun sales. But bounties have a long and troubled history — and critics say bringing them back is not a good idea.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11922045 https://ww2.kqed.org/news/?p=11922045","disqusUrl":"https://ww2.kqed.org/news/2022/08/09/the-return-of-bounty-law-as-gun-and-abortion-bills-empower-citizens-experts-warn-of-dangerous-precedent/","disqusTitle":"The Return of 'Bounty Law': As Gun and Abortion Bills Empower Citizens, Experts Warn of Dangerous Precedent","source":"CalMatters","sourceUrl":"https://calmatters.org/","nprByline":"Nigel Duara","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11922045/the-return-of-bounty-law-as-gun-and-abortion-bills-empower-citizens-experts-warn-of-dangerous-precedent","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>In Texas and California, new laws call on the people of each state to watch and report their neighbors — and reap a reward for doing so. Unusual, yes — although it’s a concept that dates back to the earliest days of the American republic.\u003c/p>\n\u003cp>But what do Civil War-era legislators raging about sick mules and wet gunpowder have to do with \u003ca href=\"https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB00008F.pdf\">Texas Senate Bill 8\u003c/a>, its “heartbeat” abortion law, and \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1327\">California Senate Bill 1327\u003c/a>, its newest gun act?\u003c/p>\n\u003cp>They all \u003ca href=\"https://cite.case.law/cal/106/113/\">set out bounties\u003c/a>, with the state entrusting its citizens to enforce the law and promising remuneration to those who do.\u003c/p>\n\u003cp>The Texas law, passed in 2021, bans abortions if a doctor detects a fetal heartbeat, usually at about six weeks — but it’s not up to the state to enforce it. Instead, people anywhere in the United States can sue anyone who helped a Texan get an abortion. Successful lawsuits offer at least $10,000 per reported abortion, and the defendant, not the state, pays the plaintiff.\u003c/p>\n\u003cp>As U.S. Chief Justice John Roberts noted, the law ran contrary to abortion rights guaranteed under Roe v. Wade, then the law of the land. Instead, he wrote in a \u003ca href=\"https://www.oyez.org/cases/2021/21-463\">concurring opinion\u003c/a>, “Texas has employed an array of stratagems designed to shield its unconstitutional law from judicial review.”\u003c/p>\n\u003cp>Opponents included the firearms industry, which \u003ca href=\"https://www.supremecourt.gov/DocketPDF/21/21-463/197884/20211027164758725_21-463%20tsac%20WWH%20-amicus-FPC-final.pdf\">started getting nervous\u003c/a> about the implications for gun owners.\u003c/p>\n\u003cp>Sure enough, by the time the U.S. Supreme Court later jettisoned Roe’s right to abortion, perhaps making the machinations of Texas unnecessary, California was already fighting fire with fire.\u003c/p>\n\u003cp>Last month, Gov. Gavin Newsom \u003ca href=\"https://www.latimes.com/california/story/2022-07-22/newsom-signs-gun-bill-modeled-after-texas-abortion-ban-setting-up\">signed a bounty law\u003c/a> targeting \u003ca href=\"https://calmatters.org/explainers/california-gun-laws-policy-explained/\">not abortion but guns\u003c/a>. It allows private citizens to sue anyone for $10,000 for selling, distributing or importing ghost guns or \u003ca href=\"https://oag.ca.gov/firearms/regagunfaqs#1\">assault weapons\u003c/a>.\u003c/p>\n\u003cp>A \u003ca href=\"https://www.texastribune.org/2022/04/19/abortion-texas-wendy-davis/\">new legal challenge to the Texas law\u003c/a> was filed in April. Gun rights supporters have promised to challenge California’s law as well.\u003c/p>\n\u003cp>Entrusting the public to enforce the laws and paying them with bounties was once how this country kept the lights on — or, at least, the lanterns lit.\u003c/p>\n\u003cp>“Before you had a really strong central state, and before you had a professional civil service, a lot of government services were provided on a bounty or a fee-for-service basis,” said Stanford Law School professor David Freeman Engstrom.\u003c/p>\n\u003cp>To catch wrongdoing back then, the state had to rely on people watching their neighbors — and maybe hauling them to court.\u003c/p>\n\u003cfigure id=\"attachment_11922056\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-scaled.jpg\">\u003cimg class=\"size-full wp-image-11922056\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1707\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-scaled.jpg 2560w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-1536x1024.jpg 1536w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-2048x1365.jpg 2048w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/GettyImages-1242055989-1920x1280.jpg 1920w\" sizes=\"(max-width: 2560px) 100vw, 2560px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Gov. Gavin Newsom speaks during a news conference on gun legislation at Santa Monica College, where five people were shot and killed in 2013 by a gunman. In July, Newsom signed a bounty law that allows private citizens to sue anyone for $10,000 for selling, distributing or importing so-called ghost guns. \u003ccite>(Hans Gutknecht/MediaNews Group/Los Angeles Daily News via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Today the U.S. government rewards people who report fraudulent war contracts, \u003ca href=\"https://rewardsforjustice.net/\">terrorism\u003c/a>, violations of federal environmental law and Medicaid fraud. The state of California allows financial rewards for people who sue to enforce its Proposition 65 toxics warning law.\u003c/p>\n\u003cp>And, of course, there’s bail-jumping, for which we still have “professional” bounty hunters, though the subjects of bail bounties \u003ca href=\"https://static.prisonpolicy.org/scans/UCLA_Devil%20_in_the_Details.pdf\">sign a contract surrendering many of their rights\u003c/a>.\u003c/p>\n\u003cp>Not all bounties pay in money, Engstrom said — under federal environmental laws, a nonprofit is only able to recover attorney’s fees, from a successful injunction either against a polluter; against other violations of environmental law; or to protect an endangered species of animals. But the nonprofit is also able to demonstrate to potential donors that they’re “doing important work out in the world,” he said.\u003c/p>\n\u003cp>The Texas and California bounty laws are relatively novel now, said University of Georgia School of Law professor Randy Beck, but he worries about what could come next.\u003c/p>\n\u003cp>“There’s a long history with these things that is not very happy,” Beck said. “There’s a good reason that legislators have stopped using them, and I think I’m worried that a bunch of legislators are repeating history that we don’t want to repeat.”\u003c/p>\n\u003ch2>'We've created a monster'\u003c/h2>\n\u003cp>\u003ca href=\"https://core.ac.uk/download/pdf/151514455.pdf\">One of the first bounty laws in history\u003c/a> was enacted in England in the early 1300s. Local officials were supposed to set uniform prices for wine, but some of them were also wine sellers. That conflict of interest complicated King Edward II’s effort to reassert political control over a fractious kingdom.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11920270,news_11918271"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>But he couldn’t be everywhere. So, he deputized every man in England: If they found local officials selling wine, the Crown would seize that wine — and the person who made the complaint would receive one-third of the seizure.\u003c/p>\n\u003cp>Across the pond and 500 years later, Abraham Lincoln was tiring of fraudulent war contractors. The Union Army had been sold lame horses, sick mules, rancid food, guns that wouldn’t fire and artillery shells filled with sawdust. Sometimes they erroneously purchased them twice.\u003c/p>\n\u003cp>U.S. Sen. Jacob Howard of Michigan in 1863 led the charge for what would become the False Claims Act, the gold standard for bounty laws that, in its modern form, triples the damages for fraud and allots the person who reports it one-third of the award. The idea, said Howard: “Setting a rogue to catch a rogue, which is the safest and most expeditious way I have ever discovered of bringing rogues to justice.”\u003c/p>\n\u003cp>For most of its history, the U.S. government operated on bribes and bounties, argued Yale law and history professor Nicholas Parrillo.\u003c/p>\n\u003cp>His book “\u003ca href=\"https://academic.oup.com/yale-scholarship-online/book/29766?login=false\">Against the Profit Motive\u003c/a>” details how until the early 1900s, states often left unpaid tax collections to bounty hunters and rewarded them with a portion of the proceeds. Bounties also went to naval officers who captured enemy ships and took a percentage of their value.\u003c/p>\n\u003cp>People would rush to punish murder and thievery, Parrillo wrote, but getting communities to follow federal laws that the community itself didn’t agree with — or care about — was impossible without incentives.\u003c/p>\n\u003cfigure id=\"attachment_11922061\" class=\"wp-caption alignright\" style=\"max-width: 1349px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1.jpg\">\u003cimg class=\"size-full wp-image-11922061\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1.jpg\" alt=\"a wanted sign from 1912 announcing a reward for a wanted man\" width=\"1349\" height=\"2048\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1.jpg 1349w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1-800x1215.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1-1020x1549.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1-160x243.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/08/080822-WANTED-SIGN-OAC-CM-scaled-1-1012x1536.jpg 1012w\" sizes=\"(max-width: 1349px) 100vw, 1349px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A wanted poster issued by the San Francisco chief of police in 1912. \u003ccite>(Image courtesy of UC Berkeley, Bancroft Library via Online Archive of California)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The concept may evoke romantic notions of the California Rangers chasing the \u003ca href=\"https://en.wikipedia.org/wiki/Five_Joaquins_Gang\">Five Joaquins Gang\u003c/a> through the goldfields for a \u003ca href=\"https://digitalcommons.usu.edu/cgi/viewcontent.cgi?article=3058&context=etd\">$6,000 bounty\u003c/a>. But bounties had a darker history in the 1800s. The Fugitive Slave Act offered \u003ca href=\"https://www.npr.org/transcripts/1035741353#:~:text=HERSHIPS%3A%20Back%20in%201850%2C%20the,the%20one%20Texas%20just%20enacted.\">rewards for catching enslaved people who had escaped\u003c/a>, and Mexico once offered bounties for Native American scalps.\u003c/p>\n\u003cp>U.S. lawmakers had created a system that encouraged bounty hunters to maximize their earnings by finding the most crimes, not the most serious crimes. That meant punishing people for the smallest technical violations of the tax code.\u003c/p>\n\u003cp>“When officials live by bounties, it becomes impossible for laypersons to attribute good motives to those people,” \u003ca href=\"https://www.youtube.com/watch?app=desktop&v=6Uim8TRTWvU\">Parrillo explained\u003c/a>.\u003c/p>\n\u003cp>Parrillo read from a lengthy speech by Maine Republican Thomas Brackett Reed, former speaker of the House in the 1890s: “What community ever bestirred itself against frauds on the internal revenue, against moonshine distilleries, against smuggling, against a hundred other things which are crimes against the United States?\u003c/p>\n\u003cp>“You need to have the officials stimulated by a similar self-interest to that which excites and supports and sustains the criminal.”\u003c/p>\n\u003cp>And that, it should be noted, was in a speech in favor of bounties.\u003c/p>\n\u003cp>“American lawmakers recoiled from what they had done,” Parrillo said. \"They said, 'Oh, my God, we’ve created a monster. We need to shut it down right now.'\"\u003c/p>\n\u003cp>So out went bounties, and, eventually, in came paid professional IRS agents and beat cops, creating a system of salaried civil service employees. In the late 1800s and early 1900s, Congress and state legislatures gradually removed bounties and replaced bounty hunters with paid police.\u003c/p>\n\u003cp>Lincoln’s False Claims Act remained in effect, though Congress significantly diluted it in 1943, after a successful False Claims Act lawsuit worried military contractors during World War II. Then came the 1980s, when the Department of Defense was charged \u003ca href=\"https://www.grassley.senate.gov/news/news-releases/qanda-whistleblowers-shine-light-on-fraud\">$7,000 for a coffee pot and $640 for a toilet seat\u003c/a>.\u003c/p>\n\u003cp>At a hearing, Rep. Andy Ireland of Florida read from a list of fraudulent sales to the military during the Civil War and harkened back to the False Claims Act. “Here we are \u003ca href=\"https://www.justice.gov/sites/default/files/jmd/legacy/2014/02/09/hear-48-1986.pdf\">120 years later\u003c/a>,” he said, “and we are still confronted with the same problems in military procurement.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'American lawmakers recoiled from what they had done. They said, 'Oh, my God, we've created a monster. We need to shut it down right now.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Nicholas Parrillo, Yale law and history professor","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The act came roaring back, and today, Engstrom said, it’s the “purest form” of a bounty statute.\u003c/p>\n\u003cp>And California created its own modern version of bounty hunting with voter-approved \u003ca href=\"https://oehha.ca.gov/proposition-65\">Prop. 65\u003c/a>. Since 1986, the state has invited residents to report violations of the environmental law that seeks to warn people about carcinogenic chemicals or those that affect reproduction in the products they consume.\u003c/p>\n\u003cp>The state permits citizens to bring private lawsuits for violations — and reap the rewards if they prevail in court or the company they sued decides to settle.\u003c/p>\n\u003cp>In 2019, the California Chamber of Commerce fought a new \u003ca href=\"https://calmatters.org/health/2019/03/prop-65-toxic-warning-online-wine-coffee/\">proposed Prop. 65 warning\u003c/a> on acrylamide, a chemical created by cooking food, and one that the state couldn’t say definitively caused cancer. \u003ca href=\"https://casetext.com/case/cal-chamber-of-commerce-v-becerra-2\">The chamber won\u003c/a>, and the chamber’s attorneys said the court action halted “hundreds of pending — but not yet filed — private enforcement actions” about that one chemical alone.\u003c/p>\n\u003cp>But the new abortion and gun moves in Texas and California take the resurgence of bounty laws to a new level.\u003c/p>\n\u003cp>Texas State Sen. Bryan Hughes, the author of the state's new abortion law, wrote last September in \u003ca href=\"https://www.bryanhughes.com/wsj-heartbeat-bill\">a Wall Street Journal op-ed\u003c/a> that though the law is unconventional, legislators were out of options.\u003c/p>\n\u003cp>“The law departs from conventional enforcement channels, obviously,” Hughes wrote. “In almost every case, the person wronged, and therefore the person who brings the claim, is the plaintiff.\u003c/p>\n\u003cp>“In the case of abortion, the wronged party has been extinguished.”\u003c/p>\n\u003cp>For his part, Newsom didn’t discourage accusations that California’s gun law is aimed at merely trolling conservative states, when he took out ads in Florida urging residents to move to California and \u003ca href=\"https://twitter.com/GavinNewsom/status/1550492943441485824?s=20&t=0Sf1Fxbzc2j9_yfZ9Z1QOQ\">tweeted at Texas Gov. Greg Abbott on July 22\u003c/a>.\u003c/p>\n\u003cp>“Texans will wake up this morning to this simple message,” Newsom wrote on Twitter. “If Texas can ban abortion and endanger lives, California can ban deadly weapons of war and save lives. If [Abbott] truly wants to protect the right to life, he should follow California’s lead.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Replicating the reprehensible Texas model only serves to legitimize and promote it.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"American Civil Liberties Union","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The \u003ca href=\"https://aclucalaction.org/wp-content/uploads/2022/05/SB-1327-5.2.22.pdf\">American Civil Liberties Union isn’t having it\u003c/a> from either side. In opposing California’s law allowing citizens to sue over ghost guns and assault weapons, the ACLU called the law “an attack on the Constitution.” It said that despite California’s aim to force the Supreme Court to choose between states’ rights and gun rights, California was following a dangerous precedent.\u003c/p>\n\u003cp>“Replicating the reprehensible Texas model only serves to legitimize and promote it,” the group wrote in May.\u003c/p>\n\u003cp>Beck, the Georgia law professor, notes in \u003ca href=\"https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4029815\">a forthcoming paper\u003c/a> that red-state \u003ca href=\"https://idahocapitalsun.com/2022/03/23/idaho-governor-signs-bill-effectively-banning-most-abortions/\">Idaho has already adopted\u003c/a> a scaled-down version of the Texas abortion law, and blue-state Illinois is already considering legislation mirroring California’s gun law.\u003c/p>\n\u003cp>Idaho Gov. Brad Little has \u003ca href=\"https://www.courthousenews.com/idaho-governor-signs-texas-styled-abortion-bill-into-law/\">expressed doubts\u003c/a> about the law’s civil enforcement: “While I support the pro-life policy in this legislation, I fear the novel civil enforcement mechanism will, in short order, be proven both unconstitutional and unwise.”\u003c/p>\n\u003cp>“It becomes kind of part of this culture war, one state retaliating against another state,” Beck said. “These things are not good in practice, and in my view, I think they have lots of problems. I’d like to kind of keep them in the corners for very, very infrequent use.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11922045/the-return-of-bounty-law-as-gun-and-abortion-bills-empower-citizens-experts-warn-of-dangerous-precedent","authors":["byline_news_11922045"],"categories":["news_8"],"tags":["news_31437","news_16","news_30048","news_2795","news_31362"],"affiliates":["news_18481"],"featImg":"news_11922055","label":"source_news_11922045"},"news_11920270":{"type":"posts","id":"news_11920270","meta":{"index":"posts_1591205157","site":"news","id":"11920270","score":null,"sort":[1658521928000]},"guestAuthors":[],"slug":"taking-a-cue-from-texas-abortion-ban-newsom-signs-law-allowing-citizens-to-sue-gun-industry","title":"Newsom Signs New Gun Law Modeled After Texas Abortion Ban, Empowering Citizens to Sue Gun Industry","publishDate":1658521928,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Gov. Gavin Newsom signed legislation Friday making California the first state to allow individual citizens to sue gun makers and sellers who violate state law.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1327\">SB 1327\u003c/a>, authored by state Sen. Bob Hertzberg, D-San Fernando Valley, allows individuals to file civil lawsuits against anyone who imports, distributes, manufactures or sells illegal firearms in California, including assault weapons and hard-to-trace ghost guns — both of which are prohibited under the state’s restrictive gun laws.[aside label=\"related coverage\" tag=\"gun-control\"]\u003c/p>\n\u003cp>The controversial, high-profile move fulfills a promise Newsom made after the U.S. Supreme Court in December \u003ca href=\"https://www.npr.org/2021/12/10/1053628779/supreme-court-refuse-to-block-texas-abortion-law-as-legal-fights-move-forward\">allowed a Texas anti-abortion-rights law to take effect\u003c/a>. It comes a day after the governor signed a package of eight other bills aimed at further restricting access to guns.\u003c/p>\n\u003cp>Flanked by state Attorney General Rob Bonta, lawmakers and gun violence survivors, Newsom signed the bill at Santa Monica College, where six people were killed in 2013 when a gunman opened fire with an AR-15-type semi-automatic assault weapon that the shooter assembled using component parts without serial numbers. Under the new law, victims of so-called ghost guns will be allowed to sue the companies that manufacture and sell them.\u003c/p>\n\u003cp>Newsom called the legislation “perhaps the most impactful thing we have done in California in decades … allowing 40 million Californians to enforce the law.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Referring to gun rights’ supporters and the firearm industry lobby, Newsom said, \u003cstrong>“\u003c/strong>We are sick and tired of being on the defense in this movement. It's time to put \u003cem>them\u003c/em> on the defense.”\u003c/p>\n\u003cp>Newsom implored other states to act more boldly if the federal government fails to do so.\u003c/p>\n\u003cp>“I hope other Democratic governors in other states take notice. We need to take these guns off the streets,” he said. “Let's meet this moment and let's not have any more moments saying, ‘We could have, would have and should have.’”\u003c/p>\n\u003cp>The new law, set to go into effect in January, allows citizens to sue violators for $10,000 per weapon involved in a crime. Gun dealers who illegally sell firearms to anyone younger than 21 are also liable for the same damages.\u003c/p>\n\u003cp>Newsom was introduced on Friday by Mia Tretta, who in 2019 was hit in the stomach by a bullet fired from a ghost gun during a mass shooting at her Santa Clarita high school. “You, Gov. Newsom, are saving lives,” she said.\u003c/p>\n\u003cp>At the signing, Hertzberg also pledged that the Legislature would continue sending Newsom bills intended to further prevent gun violence. “If it takes another 100 laws, so be it to protect our citizens,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11920274\" class=\"wp-caption alignright\" style=\"max-width: 351px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas.jpeg\">\u003cimg class=\"wp-image-11920274\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas.jpeg\" alt=\"a poster that repurposes an anti-abortion statement to address about gun violence.\" width=\"351\" height=\"739\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas.jpeg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas-800x1685.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas-1020x2148.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas-160x337.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas-729x1536.jpeg 729w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas-973x2048.jpeg 973w\" sizes=\"(max-width: 351px) 100vw, 351px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The ad Gov. Gavin Newsom ran in several Texas newspapers on Friday, repurposing an anti-abortion-rights quote from Texas Gov. Greg Abbott. \u003ccite>(Courtesy of Office of the Governor of California)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The bill signing comes a month after the U.S. Supreme Court \u003ca href=\"https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn\">overturned Roe v. Wade\u003c/a> and the constitutional right to have an abortion, and also \u003ca href=\"https://www.nytimes.com/2022/06/23/us/supreme-court-ny-open-carry-gun-law.html\">struck down a New York law \u003c/a>that placed strict limits on carrying concealed firearms in public.\u003c/p>\n\u003cp>On Thursday, Newsom also signed a package of bills with more restrained impacts than SB 1327. They include measures that bar anyone from making more than three guns a year or making any guns with a 3D printer without obtaining a state-issued license. Other measures require schools to periodically inform parents about the safe storage of firearms, prohibit gun sales on state property, boost inspections of gun dealers, and add child and elder abuse to the list of crimes that block gun ownership.\u003c/p>\n\u003cp>Two weeks ago Newsom signed another bill introduced by San Francisco Democratic Assemblymember Phil Ting that allows individuals, as well as state and local governments, to sue gun manufacturers for negligence that results in injury or death. The bill creates a code of conduct for firearms makers and allows civil lawsuits for violations.\u003c/p>\n\u003cp>The new laws come amid a rise in gun violence in recent years — both in California and nationwide — and a spate of mass shootings in just the last few months, including one at a school in Uvalde, Texas, in late May that left 19 children and two teachers dead, and a July 4 massacre in Highland Park, Illinois, that killed seven people and injured dozens more.\u003c/p>\n\u003cp>Many of California's new gun control laws are more than likely to face legal challenges, some possibly making their way to the U.S. Supreme Court.\u003c/p>\n\u003cp>To elevate his ongoing political jousting match with Texas Gov. Greg Abbott — an anti-abortion-rights, pro-gun-rights Republican — Newsom also ran an ad Friday \u003ca href=\"https://thehill.com/homenews/state-watch/3570623-newsom-runs-ads-in-texas-newspapers-hitting-abbott-on-guns-abortion/\">in several Texas newspapers\u003c/a> repurposing a statement Abbott made \u003ca href=\"https://www.texastribune.org/2021/05/18/texas-heartbeat-bill-abortions-law/\">when he signed his state’s anti-abortion-rights law\u003c/a> last year. In the ad, the word “abortion” is crossed out and replaced with “gun violence” as the cause of children’s deaths.\u003c/p>\n\u003cp>“If Texas can ban abortion and endanger lives, California can ban deadly weapons of war and save lives,” Newsom said in a statement announcing the ad. “If Governor Abbott truly wants to protect the right to life, I urge him to follow California’s lead.”\u003c/p>\n\u003cp>The ad follows a \u003ca href=\"https://www.youtube.com/watch?v=6anO63fQyVc\">video message Newsom aired in Florida\u003c/a> last month attacking Gov. Ron DeSantis over his support for laws restricting LGBTQ+ rights.\u003c/p>\n\u003cp>Newsom has flatly denied that these out-of-state ad campaigns are intended to promote his rumored run for president, but they have successfully garnered the attention of national media outlets and Democrats hungry for outspoken leaders willing to forcefully take on the Supreme Court, the gun industry and the Republican establishment.\u003c/p>\n\u003cp>Indeed, Newsom has declared himself to be “pro-life,” borrowing the phrase used by anti-abortion-rights activists and turning it against them, the gun lobby and others who oppose restrictions on firearms.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Asked Friday if he was considering a run for president, Newsom reiterated his previous position that he has “subzero” interest.\u003c/p>\n\n","blocks":[],"excerpt":"SB 1327 allows individuals to file civil lawsuits against firearms companies for illegally manufacturing, selling, transporting or distributing guns in California, including assault weapons and hard-to-trace ghost guns.","status":"publish","parent":0,"modified":1658856102,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":1026},"headData":{"title":"Newsom Signs New Gun Law Modeled After Texas Abortion Ban, Empowering Citizens to Sue Gun Industry | KQED","description":"SB 1327 allows individuals to file civil lawsuits against firearms companies for illegally manufacturing, selling, transporting or distributing guns in California, including assault weapons and hard-to-trace ghost guns.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11920270 https://ww2.kqed.org/news/?p=11920270","disqusUrl":"https://ww2.kqed.org/news/2022/07/22/taking-a-cue-from-texas-abortion-ban-newsom-signs-law-allowing-citizens-to-sue-gun-industry/","disqusTitle":"Newsom Signs New Gun Law Modeled After Texas Abortion Ban, Empowering Citizens to Sue Gun Industry","excludeFromSiteSearch":"Include","path":"/news/11920270/taking-a-cue-from-texas-abortion-ban-newsom-signs-law-allowing-citizens-to-sue-gun-industry","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Gavin Newsom signed legislation Friday making California the first state to allow individual citizens to sue gun makers and sellers who violate state law.\u003c/p>\n\u003cp>\u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1327\">SB 1327\u003c/a>, authored by state Sen. Bob Hertzberg, D-San Fernando Valley, allows individuals to file civil lawsuits against anyone who imports, distributes, manufactures or sells illegal firearms in California, including assault weapons and hard-to-trace ghost guns — both of which are prohibited under the state’s restrictive gun laws.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"gun-control"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The controversial, high-profile move fulfills a promise Newsom made after the U.S. Supreme Court in December \u003ca href=\"https://www.npr.org/2021/12/10/1053628779/supreme-court-refuse-to-block-texas-abortion-law-as-legal-fights-move-forward\">allowed a Texas anti-abortion-rights law to take effect\u003c/a>. It comes a day after the governor signed a package of eight other bills aimed at further restricting access to guns.\u003c/p>\n\u003cp>Flanked by state Attorney General Rob Bonta, lawmakers and gun violence survivors, Newsom signed the bill at Santa Monica College, where six people were killed in 2013 when a gunman opened fire with an AR-15-type semi-automatic assault weapon that the shooter assembled using component parts without serial numbers. Under the new law, victims of so-called ghost guns will be allowed to sue the companies that manufacture and sell them.\u003c/p>\n\u003cp>Newsom called the legislation “perhaps the most impactful thing we have done in California in decades … allowing 40 million Californians to enforce the law.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Referring to gun rights’ supporters and the firearm industry lobby, Newsom said, \u003cstrong>“\u003c/strong>We are sick and tired of being on the defense in this movement. It's time to put \u003cem>them\u003c/em> on the defense.”\u003c/p>\n\u003cp>Newsom implored other states to act more boldly if the federal government fails to do so.\u003c/p>\n\u003cp>“I hope other Democratic governors in other states take notice. We need to take these guns off the streets,” he said. “Let's meet this moment and let's not have any more moments saying, ‘We could have, would have and should have.’”\u003c/p>\n\u003cp>The new law, set to go into effect in January, allows citizens to sue violators for $10,000 per weapon involved in a crime. Gun dealers who illegally sell firearms to anyone younger than 21 are also liable for the same damages.\u003c/p>\n\u003cp>Newsom was introduced on Friday by Mia Tretta, who in 2019 was hit in the stomach by a bullet fired from a ghost gun during a mass shooting at her Santa Clarita high school. “You, Gov. Newsom, are saving lives,” she said.\u003c/p>\n\u003cp>At the signing, Hertzberg also pledged that the Legislature would continue sending Newsom bills intended to further prevent gun violence. “If it takes another 100 laws, so be it to protect our citizens,” he said.\u003c/p>\n\u003cfigure id=\"attachment_11920274\" class=\"wp-caption alignright\" style=\"max-width: 351px\">\u003ca href=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas.jpeg\">\u003cimg class=\"wp-image-11920274\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas.jpeg\" alt=\"a poster that repurposes an anti-abortion statement to address about gun violence.\" width=\"351\" height=\"739\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas.jpeg 1200w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas-800x1685.jpeg 800w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas-1020x2148.jpeg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas-160x337.jpeg 160w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas-729x1536.jpeg 729w, https://ww2.kqed.org/app/uploads/sites/10/2022/07/newsom-texas-973x2048.jpeg 973w\" sizes=\"(max-width: 351px) 100vw, 351px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">The ad Gov. Gavin Newsom ran in several Texas newspapers on Friday, repurposing an anti-abortion-rights quote from Texas Gov. Greg Abbott. \u003ccite>(Courtesy of Office of the Governor of California)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The bill signing comes a month after the U.S. Supreme Court \u003ca href=\"https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn\">overturned Roe v. Wade\u003c/a> and the constitutional right to have an abortion, and also \u003ca href=\"https://www.nytimes.com/2022/06/23/us/supreme-court-ny-open-carry-gun-law.html\">struck down a New York law \u003c/a>that placed strict limits on carrying concealed firearms in public.\u003c/p>\n\u003cp>On Thursday, Newsom also signed a package of bills with more restrained impacts than SB 1327. They include measures that bar anyone from making more than three guns a year or making any guns with a 3D printer without obtaining a state-issued license. Other measures require schools to periodically inform parents about the safe storage of firearms, prohibit gun sales on state property, boost inspections of gun dealers, and add child and elder abuse to the list of crimes that block gun ownership.\u003c/p>\n\u003cp>Two weeks ago Newsom signed another bill introduced by San Francisco Democratic Assemblymember Phil Ting that allows individuals, as well as state and local governments, to sue gun manufacturers for negligence that results in injury or death. The bill creates a code of conduct for firearms makers and allows civil lawsuits for violations.\u003c/p>\n\u003cp>The new laws come amid a rise in gun violence in recent years — both in California and nationwide — and a spate of mass shootings in just the last few months, including one at a school in Uvalde, Texas, in late May that left 19 children and two teachers dead, and a July 4 massacre in Highland Park, Illinois, that killed seven people and injured dozens more.\u003c/p>\n\u003cp>Many of California's new gun control laws are more than likely to face legal challenges, some possibly making their way to the U.S. Supreme Court.\u003c/p>\n\u003cp>To elevate his ongoing political jousting match with Texas Gov. Greg Abbott — an anti-abortion-rights, pro-gun-rights Republican — Newsom also ran an ad Friday \u003ca href=\"https://thehill.com/homenews/state-watch/3570623-newsom-runs-ads-in-texas-newspapers-hitting-abbott-on-guns-abortion/\">in several Texas newspapers\u003c/a> repurposing a statement Abbott made \u003ca href=\"https://www.texastribune.org/2021/05/18/texas-heartbeat-bill-abortions-law/\">when he signed his state’s anti-abortion-rights law\u003c/a> last year. In the ad, the word “abortion” is crossed out and replaced with “gun violence” as the cause of children’s deaths.\u003c/p>\n\u003cp>“If Texas can ban abortion and endanger lives, California can ban deadly weapons of war and save lives,” Newsom said in a statement announcing the ad. “If Governor Abbott truly wants to protect the right to life, I urge him to follow California’s lead.”\u003c/p>\n\u003cp>The ad follows a \u003ca href=\"https://www.youtube.com/watch?v=6anO63fQyVc\">video message Newsom aired in Florida\u003c/a> last month attacking Gov. Ron DeSantis over his support for laws restricting LGBTQ+ rights.\u003c/p>\n\u003cp>Newsom has flatly denied that these out-of-state ad campaigns are intended to promote his rumored run for president, but they have successfully garnered the attention of national media outlets and Democrats hungry for outspoken leaders willing to forcefully take on the Supreme Court, the gun industry and the Republican establishment.\u003c/p>\n\u003cp>Indeed, Newsom has declared himself to be “pro-life,” borrowing the phrase used by anti-abortion-rights activists and turning it against them, the gun lobby and others who oppose restrictions on firearms.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Asked Friday if he was considering a run for president, Newsom reiterated his previous position that he has “subzero” interest.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11920270/taking-a-cue-from-texas-abortion-ban-newsom-signs-law-allowing-citizens-to-sue-gun-industry","authors":["255"],"categories":["news_6188","news_8","news_13"],"tags":["news_18538","news_27626","news_16","news_2795","news_31361","news_17968","news_31362"],"featImg":"news_11920277","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? 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You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg","imageAlt":"KQED MindShift: How We Will Learn","officialWebsiteLink":"/mindshift/","meta":{"site":"news","source":"kqed","order":"2"},"link":"/podcasts/mindshift","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/mindshift-podcast/id1078765985","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5","npr":"https://www.npr.org/podcasts/464615685/mind-shift-podcast","stitcher":"https://www.stitcher.com/podcast/kqed/stories-teachers-share","spotify":"https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"}},"morning-edition":{"id":"morning-edition","title":"Morning Edition","info":"\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. 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