Now I know that this one is going to get a lot of folks fired up. I include myself on this one also.
As frankly I think that this law and the laws about Gold Ownership and taking the US off the silver standard. Were the starting point when the United States started its decline as a Freedom Loving Nation.
Since it allowed the Federal Government to stick it long nose into Folks business that it has no business with. Also it give all of Governments both State & Federal. A nice bit of tax money.
But here is a couple of things that is never mentioned by anybody.
- It’s too late to ban guns. As there is just too many of them & nobody really knows where or who owns them.
- Even if they were outlawed. A lot of folks will not turn theirs in no matter what.
- Most guns in the US of A are very seldom used in any kind of crime. Criminals have a rent a gun program These guns do most of the killings.
- Almost most guns used in killing are stolen & either used by the Crazy folks, gang bangers, suicides, drunks or drug users. Or it’s in the heat of the moment.
- We as a nation just do not want to pay for serious mental health programs. Especially since so few of the programs actually work.
- The 1st gun laws were used to disarm the newly freed slaves after the Civil War / Reconstruction.
- I am convinced that a lot of powerful folks want us disarmed. So that they can do whatever they want to us.
- There is a very old Anglo Saxon Tradition of shooting at Government folks that get way out of line. So I think that it’s a good thing that the Government is a little afraid of the taxpayer instead of the other way around.
- Yes there is a lot of fear mongering out there! As since we all know that besides Sex. That fear is a highly motivational tool.
Here is some more information to chew upon!
Now I know that California has a very long history of trying to repeal the 2nd Amendment. As shown here:
A Timeline of California Firearms Laws
Based on a post from Librarian, of Calguns; subsequent additions by Sean Newton.
Effective Date | Bill | Penal Code | Law |
---|---|---|---|
1917 | ??? | ??? | California’s first concealed carry permit law. Very hard to find data on – requesting further input! |
1923? | ??? | ??? | 1-day waiting period on all handgun purchases. |
1924 | ??? | 12025 | Concealed carry permits updated to a ‘uniform’ may-issue system; all permits under 1917 law invalidated. Goal: to disarm Hispanics and Chinese (see below). |
1956 | ??? | ??? | 3-day waiting period on all handgun purchases. |
1965 | ??? | ??? | 5-day waiting period on all handgun purchases. |
1967 | ??? | PC12031 | Prohibitions enacted against loaded weapons carried in public, regardless of concealment / openness. This was an emergency bill passed after the Black Panthers stood around the state legislature with loaded weapons. |
1976 | ??? | ??? | 15-day waiting period on all handgun purchases. |
1 Jan 1990 | ??? | 12275 | Roberti-Roos, original ‘assault weapon’ list |
1 Jan 1991 | ??? | None | All firearms purchases and transfers, including PPTs and at gun shows, must go through DROS. |
1 Apr 1994 | ??? | None | ‘Basic Firearms Safety Card’ enacted; required to buy handguns. Ended 1 Jan 2003 |
1994 | ??? | None | Federal Assault Weapons Ban begins. |
1997 | ??? | ??? | Handgun waiting periods were reduced to 10 days from 15. |
1 Jan 1998 | ??? | 12001 | Mandatory registration of all handguns acquired out of state. |
1 Jan 2000 | ??? | 12276.1 | Perata’s SB23 ‘feature based’ AW ban takes effect. |
1 Jan 2001 | ??? | 12131 | “Safe gun” list mandating drop tests for handguns. |
1 Jan 2003 | ??? | None | BFSC replaced by ‘Handgun Safety Certificate’; added ‘safety demonstration’ and ‘proof of residency’ for handgun purchases |
2004 | ??? | None | Federal Assault Weapons Ban ends. CA rifles may once again have bayo lugs + threaded muzzles. Some California AW’s are allowed new features (MAK-90s may use normal stocks, etc) |
1 Jan 2005 | ??? | 12280 | 50 BMG rifle ban passed |
1 Jan 2006 | ??? | 12280 | 50 BMG rifle ban active; no new 50BMG rifles |
1 Jan 2006 | ??? | ??? | Pistols must have LCI or mag disc. safety to be added to ‘safe handgun roster’ |
1 Jan 2007 | ??? | ??? | Pistols must have LCI and mag disc. safety to be added to ‘safe handgun roster’ |
1 Jan 2007 | ??? | ??? | AB2728 removed Attorney General’s ability to add onto the ‘assault weapon’ lists, and added alternate ‘infraction’ prosecution route for assault weapons (instead of felony prosecution) |
1 Jul 2008 | ??? | ??? | CFLC system requires all dealer-to-dealer transfers to use a CA DOJ verification number for all transfers. |
??? | 2010 SB1080 / SB1115 | CPC | Reorganization of California Penal Code, including renumbering of most firearms related sections. |
??? | 2011 AB819 | ??? | Allows DROS fund fees to be spent at DOJ’s whim; paved road for APPS squad. |
1 Jan 2012 | 2011 AB144 | ??? | Banned open carry of unloaded handguns. |
??? | 2011 SB610 | ??? | Requires “good cause” to be evaluated before CCW applicants pay for training; prohibits mandatory liability insurance policies. |
1 Jan 2013 | 2012 SB1315 | ??? | Authorized LA County to enact laws on replica guns as an exception to state firearms pre-emption. |
1 Jan 2013 | 2012 AB1527 | ??? | Banned open carry of unloaded long guns. |
1 Jan 2014 | 2011 AB809 | ??? | Long gun registration passed into law. |
1 Jan 2014 | AB48 | 32310-32311 | Acquisition of new magazine rebuild kits banned |
1 Jan 2014 | AB231 | 25100, 25110, 26835 | Crime of criminal storage of firearm in third degree created, basically banning loaded, unlocked guns anywhere a child ever goes. Unclear if the prohibited person language made it into the CPC or not. |
1 Jan 2014 | AB711 | DFG regs | Require the Department of Fish and Game to mandate non-lead ammunition for all hunting activities. Timeline of actual prohibition taking effect is unclear, but prior to July 1 2015. |
1 Jan 2015 | SB683 | CPC 16535 | Replaces the Handgun Safety Card with a Firearms Safety Card, as all new gun purchases – including long guns and C&R – must be registered. |
1 Jan 2015 | AB1964 | CPC 32100 | Alters the ‘Single Shot Exemption’ to no longer apply to temporarily altered semi-autos, as well as most bolt action, and break-action handguns. |
1 Jan 2016 | SB1014 | ??? | Adds “Gun Violence Restraining Orders” to the list of ways to become a prohibited person in California. |
1 July 2017 | Prop63 |
- 2008 saw the passage of a bill which mandated micro-stamping for all new handgun purchases made in 2010(?) and beyond, when the technology is available from multiple vendors and without patent encumberance. This last bit is significant in that it is unlikely to happen, thus this provision is unlikely to become active.
- Perata’s SB23, the ‘aw’ feature test bill, was effective 1 Jan 2000. It also includes the threaded barrel on pistols and the large (standard) capacity magazine language, same date. PC 12276.1
- ‘Basic Firearms Safety Certificates’ were required from 1 April 1994 to 1 Jan 2003, when it was replaced by the ‘Handgun Safety Certificate’. That’s also the date for the ‘safety demonstration’ and the ‘proof of residency’
Contributor Credit
- In addition to providing the entire initial content for this timeline, Librarian also wrote to the DOJ about FFL sales – their answer: “Effective January 1, 1991, all firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process.”
- http://www.firearmsandliberty.com/cramer.waiting.html is the source material for the 1923, 1956, and 1965 dates. Identified by Bulgron of Calguns.
- Redhorse, of Calguns, placed the handgun waiting period reduction (15 days to 10) in 1997. Previously it was thought to have happened in either 1991 or 1997.
- Dean Weingarten dug up a useful link on the 1923 concealed carry law, which lead me to http://californiaccw.org/files/sf-chronicle-article.htm
Leads on Clarification
- 1917 handgun law: Excerpt from http://www.crimefree.org.za/Role-players/Criminologist/Kopel/RTC-history.htm – “At least one state, California, replaced an existing statute with the Uniform Act. See Statutes of California Passed At The Extra Session of the Forty-First Legislature, (San Francisco, Bancroft-Whitney: 1916), p. 221, to see the differences and similarities between the 1917 California concealed handgun statute, and the Uniform Act adopted by California in 1923.”
Sources
[quote=San Francisco Chronicle, July 15th 1923]NEW FIREARMS LAW EFFECTIVE ON AUGUST 7
Existing Licenses Inoperative After Dec. 31 1924; Uniform System
IS AIMED AT LAWLESS
Possible Unconstitutionality of Clause Provided for in Drafting
Stringent regulations against carrying concealed firearms or explosives, and prohibition against possession of other deadly weapons become effective on August 7, under the Hawes bill signed by Governor Richardson.
The new measure will install a uniform licensing system for carrying concealed weapons. Licenses now in existence will become inoperative December 31, 1924.
O. K. URGED
Aimed at disarming the lawless, the bill provides exemptions and exceptions to preserve the rights of those using firearms for competition or hunting or for protection in outing trips. It was largely on the recommendation of R. T. McKissick, president of the Sacramento Rifle and Revolver Club, that Governor Richardson approved the measure.
McKissick classes it as a measure that introduces “an element of sanity into firearms legislation, so as to provide adequate punishments upon an increasing scale for the habitual gunman and, at the same time, permit law-abiding citizens to continue to own firearms for home defense and other legitimate uses.”
BILLS SIMILAR
The bill, according to McKissick follows almost literally one offered in the United States Senate by Senator Capper and advocated by associations interested in the manufacture, sale and legitimate use of pistols and revolvers, as a model for a uniform bill to be introduced in each State. “It is frankly,” he says, “an effort upon the part of those who know something about firearms to forestall the flood of fanatical legislation intended to deprive all citizens of the United States the right to own and use, for legitimate purposes, firearms capable of being concealed upon the person.”
The new measures change existing law by making the carrying of barred weapons such as blackjacks, a felony instead of a misdemeanor. The provision against carrying explosive also is new.
ACT EXPLAINED
Possible unconstitutionality of the provision against possession of weapons by non-naturalized residents was admitted in McKissick’s letter to the Governor urging signing of the bill, but he pointed out that if this clause should be held invalid the rest of the act will not be affected and that if it can be sustained that it will have a “salutary effect in checking tong wars among the Chinese and vendettas among our people who are of Latin descent.”
The provision for additional sentences where weapons are used in committing a felony is one with a sliding scale. The first time the added penalty is from five to ten years; the second from ten to fifteen; the third from 15 to 25 years, and only on the fourth offense it is possible to add more than 25 years to the sentence imposed for the crime itself.[/quote]
— SeanNewton – 28 Aug 2006
A Timeline of California Firearms Laws
Based on a post from Librarian, of Calguns; subsequent additions by Sean Newton.
Effective Date | Bill | Penal Code | Law |
---|---|---|---|
1917 | ??? | ??? | California’s first concealed carry permit law. Very hard to find data on – requesting further input! |
1923? | ??? | ??? | 1-day waiting period on all handgun purchases. |
1924 | ??? | 12025 | Concealed carry permits updated to a ‘uniform’ may-issue system; all permits under 1917 law invalidated. Goal: to disarm Hispanics and Chinese (see below). |
1956 | ??? | ??? | 3-day waiting period on all handgun purchases. |
1965 | ??? | ??? | 5-day waiting period on all handgun purchases. |
1967 | ??? | PC12031 | Prohibitions enacted against loaded weapons carried in public, regardless of concealment / openness. This was an emergency bill passed after the Black Panthers stood around the state legislature with loaded weapons. |
1976 | ??? | ??? | 15-day waiting period on all handgun purchases. |
1 Jan 1990 | ??? | 12275 | Roberti-Roos, original ‘assault weapon’ list |
1 Jan 1991 | ??? | None | All firearms purchases and transfers, including PPTs and at gun shows, must go through DROS. |
1 Apr 1994 | ??? | None | ‘Basic Firearms Safety Card’ enacted; required to buy handguns. Ended 1 Jan 2003 |
1994 | ??? | None | Federal Assault Weapons Ban begins. |
1997 | ??? | ??? | Handgun waiting periods were reduced to 10 days from 15. |
1 Jan 1998 | ??? | 12001 | Mandatory registration of all handguns acquired out of state. |
1 Jan 2000 | ??? | 12276.1 | Perata’s SB23 ‘feature based’ AW ban takes effect. |
1 Jan 2001 | ??? | 12131 | “Safe gun” list mandating drop tests for handguns. |
1 Jan 2003 | ??? | None | BFSC replaced by ‘Handgun Safety Certificate’; added ‘safety demonstration’ and ‘proof of residency’ for handgun purchases |
2004 | ??? | None | Federal Assault Weapons Ban ends. CA rifles may once again have bayo lugs + threaded muzzles. Some California AW’s are allowed new features (MAK-90s may use normal stocks, etc) |
1 Jan 2005 | ??? | 12280 | 50 BMG rifle ban passed |
1 Jan 2006 | ??? | 12280 | 50 BMG rifle ban active; no new 50BMG rifles |
1 Jan 2006 | ??? | ??? | Pistols must have LCI or mag disc. safety to be added to ‘safe handgun roster’ |
1 Jan 2007 | ??? | ??? | Pistols must have LCI and mag disc. safety to be added to ‘safe handgun roster’ |
1 Jan 2007 | ??? | ??? | AB2728 removed Attorney General’s ability to add onto the ‘assault weapon’ lists, and added alternate ‘infraction’ prosecution route for assault weapons (instead of felony prosecution) |
1 Jul 2008 | ??? | ??? | CFLC system requires all dealer-to-dealer transfers to use a CA DOJ verification number for all transfers. |
??? | 2010 SB1080 / SB1115 | CPC | Reorganization of California Penal Code, including renumbering of most firearms related sections. |
??? | 2011 AB819 | ??? | Allows DROS fund fees to be spent at DOJ’s whim; paved road for APPS squad. |
1 Jan 2012 | 2011 AB144 | ??? | Banned open carry of unloaded handguns. |
??? | 2011 SB610 | ??? | Requires “good cause” to be evaluated before CCW applicants pay for training; prohibits mandatory liability insurance policies. |
1 Jan 2013 | 2012 SB1315 | ??? | Authorized LA County to enact laws on replica guns as an exception to state firearms pre-emption. |
1 Jan 2013 | 2012 AB1527 | ??? | Banned open carry of unloaded long guns. |
1 Jan 2014 | 2011 AB809 | ??? | Long gun registration passed into law. |
1 Jan 2014 | AB48 | 32310-32311 | Acquisition of new magazine rebuild kits banned |
1 Jan 2014 | AB231 | 25100, 25110, 26835 | Crime of criminal storage of firearm in third degree created, basically banning loaded, unlocked guns anywhere a child ever goes. Unclear if the prohibited person language made it into the CPC or not. |
1 Jan 2014 | AB711 | DFG regs | Require the Department of Fish and Game to mandate non-lead ammunition for all hunting activities. Timeline of actual prohibition taking effect is unclear, but prior to July 1 2015. |
1 Jan 2015 | SB683 | CPC 16535 | Replaces the Handgun Safety Card with a Firearms Safety Card, as all new gun purchases – including long guns and C&R – must be registered. |
1 Jan 2015 | AB1964 | CPC 32100 | Alters the ‘Single Shot Exemption’ to no longer apply to temporarily altered semi-autos, as well as most bolt action, and break-action handguns. |
1 Jan 2016 | SB1014 | ??? | Adds “Gun Violence Restraining Orders” to the list of ways to become a prohibited person in California. |
1 July 2017 | Prop63 |
- 2008 saw the passage of a bill which mandated micro-stamping for all new handgun purchases made in 2010(?) and beyond, when the technology is available from multiple vendors and without patent encumberance. This last bit is significant in that it is unlikely to happen, thus this provision is unlikely to become active.
- Perata’s SB23, the ‘aw’ feature test bill, was effective 1 Jan 2000. It also includes the threaded barrel on pistols and the large (standard) capacity magazine language, same date. PC 12276.1
- ‘Basic Firearms Safety Certificates’ were required from 1 April 1994 to 1 Jan 2003, when it was replaced by the ‘Handgun Safety Certificate’. That’s also the date for the ‘safety demonstration’ and the ‘proof of residency’
Contributor Credit
- In addition to providing the entire initial content for this timeline, Librarian also wrote to the DOJ about FFL sales – their answer: “Effective January 1, 1991, all firearms purchases and transfers, including private party transactions and sales at gun shows, must be made through a licensed dealer under the Dealer Record of Sale (DROS) process.”
- http://www.firearmsandliberty.com/cramer.waiting.html is the source material for the 1923, 1956, and 1965 dates. Identified by Bulgron of Calguns.
- Redhorse, of Calguns, placed the handgun waiting period reduction (15 days to 10) in 1997. Previously it was thought to have happened in either 1991 or 1997.
- Dean Weingarten dug up a useful link on the 1923 concealed carry law, which lead me to http://californiaccw.org/files/sf-chronicle-article.htm
Leads on Clarification
- 1917 handgun law: Excerpt from http://www.crimefree.org.za/Role-players/Criminologist/Kopel/RTC-history.htm – “At least one state, California, replaced an existing statute with the Uniform Act. See Statutes of California Passed At The Extra Session of the Forty-First Legislature, (San Francisco, Bancroft-Whitney: 1916), p. 221, to see the differences and similarities between the 1917 California concealed handgun statute, and the Uniform Act adopted by California in 1923.”
Sources
[quote=San Francisco Chronicle, July 15th 1923]NEW FIREARMS LAW EFFECTIVE ON AUGUST 7
Existing Licenses Inoperative After Dec. 31 1924; Uniform System
IS AIMED AT LAWLESS
Possible Unconstitutionality of Clause Provided for in Drafting
Stringent regulations against carrying concealed firearms or explosives, and prohibition against possession of other deadly weapons become effective on August 7, under the Hawes bill signed by Governor Richardson.
The new measure will install a uniform licensing system for carrying concealed weapons. Licenses now in existence will become inoperative December 31, 1924.
O. K. URGED
Aimed at disarming the lawless, the bill provides exemptions and exceptions to preserve the rights of those using firearms for competition or hunting or for protection in outing trips. It was largely on the recommendation of R. T. McKissick, president of the Sacramento Rifle and Revolver Club, that Governor Richardson approved the measure.
McKissick classes it as a measure that introduces “an element of sanity into firearms legislation, so as to provide adequate punishments upon an increasing scale for the habitual gunman and, at the same time, permit law-abiding citizens to continue to own firearms for home defense and other legitimate uses.”
BILLS SIMILAR
The bill, according to McKissick follows almost literally one offered in the United States Senate by Senator Capper and advocated by associations interested in the manufacture, sale and legitimate use of pistols and revolvers, as a model for a uniform bill to be introduced in each State. “It is frankly,” he says, “an effort upon the part of those who know something about firearms to forestall the flood of fanatical legislation intended to deprive all citizens of the United States the right to own and use, for legitimate purposes, firearms capable of being concealed upon the person.”
The new measures change existing law by making the carrying of barred weapons such as blackjacks, a felony instead of a misdemeanor. The provision against carrying explosive also is new.
ACT EXPLAINED
Possible unconstitutionality of the provision against possession of weapons by non-naturalized residents was admitted in McKissick’s letter to the Governor urging signing of the bill, but he pointed out that if this clause should be held invalid the rest of the act will not be affected and that if it can be sustained that it will have a “salutary effect in checking tong wars among the Chinese and vendettas among our people who are of Latin descent.”
The provision for additional sentences where weapons are used in committing a felony is one with a sliding scale. The first time the added penalty is from five to ten years; the second from ten to fifteen; the third from 15 to 25 years, and only on the fourth offense it is possible to add more than 25 years to the sentence imposed for the crime itself.[/quote]
— SeanNewton – 28 Aug 2006
——————————————-
Published by the Law Offices of Bruce Colodny
By Bruce Colodny, The California Gun Attorney
Copyright © 2017
Prior to the Civil War, virtually all “gun control” laws were enacted in the slave states principally due to the fear of firearms in the hands of free blacks and slaves who might rebel against their masters. After the Civil War ended in 1865, “gun control” expanded as a result of the enactment of the so-called “Black Codes” or “Jim Crow” laws intended to continue to oppress the newly-freed slaves.
A few decades later, in the early 20th Century, racism was again the catalyst for calls for new “gun control” laws. New York’s infamous Sullivan Law was passed. If you read the newspapers from that time period, you will find articles about the perceived “dangers” of allowing access to firearms by the then-current wave of immigrants, the Poles, the Italians, the Jews, etc. Isn’t it ironic that today’s liberals support a doctrine rooted in racism and prejudice?
A generation later, a movement for more “gun control” again arose and took a dangerous, expanded approach that continues to the present day, the media campaign of fear. Remember your history. In the early 1930’s, the news media reported on a rash of Mid-Western bank robberies by the likes of Bonnie & Clyde, John Dillinger, etc.
What happened next? “Gun control” expanded from the states to the Federal level. The National Firearms Act of 1934 (the “NFA”) was passed virtually outlawing machine guns, silencers and short- barreled rifles and shotguns. disturbingly, the original proposed version of the NFA, also included handguns.
Let’s move ahead 30 years, to 1963. Here we find the real root of today’s “gun control” movement, the assassination of President John F. Kennedy. The news media explodes with calls for “gun control” and a ban on mail order gun sales.
In 1966, a madman climbs a tower at a Texas college and starts shooting. There are renewed media calls for “gun control”, but the pro-gun forces keep their finger in the dike until 1968 when there’s a double whammy, the assassinations of Martin Luther King in April and Bobby Kennedy in June. The media goes wild and the end result is the Federal Gun Control Act of 1968, greatly restricting the interstate transfer of firearms.
Now fast-forward another 20 years to 1989. The pattern repeats itself when Patrick Purdy shoots up the schoolyard in Stockton, California, killing and injuring young students. The media goes crazy and the California legislature follows. The end result…three big losses in California: The Roberti-Roos Assault Weapon Control Act of 1989 is enacted, certain misdemeanor convictions now impose a 10 year ban on firearms possession, and the waiting period is expanded from handguns to also cover rifles and shotguns.
This same pattern of high profile murder followed by the immediate calls of anti-gun politicians and the media for “effective, reasonable gun control” repeated itself just recently. Just remember the “news reports” following the tragic shooting at Columbine High School and the Valley Jewish Community Center.
Madmen engage in mass killings and the liberals and their allies in the media urge new laws to disarm the citizens whom the police cannot protect, all the while ignoring our cherished Second Amendment rights. This is why I label the history of “gun control” in the United States as shameful.