The bill would make it a misdemeanor to carry an exposed handgun on any public street or in a public place. The bill passed on a 41-25 party-line vote and now moves to the Senate.Assume that the Senate also passes this bill, and Governor Girly Man signs it into law. Here's the legal collision: California is a May-Issue state:
Under current California law, gun owners can carry a rifle or handgun in a holster in public if it is unloaded.
California gives wide latitude to the county authorities in issuing permits. In California, the usual issuance of the permits ranges from a No-Issue policy, such as San Francisco, to an almost Shall-Issue environment in rural areas.The Supreme Court is likely to rule later this month on McDonald v. Chicago. If, as expected, they rule that the Second Amendment is Incorporated via the Fourteenth Amendment, the Second would apply to the States as well as the Fed.Gov.
The Second Amendment explicitly says "keep and bear arms". This new California law would allow a government official to prohibit the bearing of arms, by refusing to issue a permit for concealed carry, and because open carry is prohibited by this statute.
I await with baited breath for an explanation from the Left on how the evil Rethuglicans are the ones who shred the Constitution, and how theirs is the side that stands up for the Bill of Rights. And why we should believe them when they say they "won't take people's guns." And how up is down, and we've always been at war with Eastasia. C'mon lefties: dazzle me.