Part of the Bay Area News Group

Archive for the 'Anthony Portantino' Category

Brown vetoes fines for failing to report gun thefts

Besides extending the state’s “open carry” ban to long guns, Gov. Jerry Brown signed or vetoed several other firearms bills today as well.

Brown vetoed SB 1366 by state Sen. Mark DeSaulnier, D-Concord, which would’ve made it an infraction – or, on the third offense, a misdemeanor – to fail to report to police the theft of a firearm within 48 hours of the time the owner knew or reasonably should have known the weapon was lost or stolen.

“The proponents urge that the bill will improve identification of gun traffickers and help law enforcement disarm people prohibited from possessing firearms. I am not convinced,” the governor wrote in his veto message. “For the most part, responsible people report the loss or theft of a firearm and irresponsible people do not. I am skeptical that this bill would change those behaviors.”

Brown also vetoed AB 2460 by Assemblyman Roger Dickinson, D-Sacramento, which would’ve restricted law enforcement and military personnel from selling lawfully purchases handguns that haven’t been certified by the Attorney General’s Office.

“This bill takes from law enforcement officers the right to an activity that remains legally available to every private citizen,” he wrote in the veto message. “I don’t believe this is justified.”

Brown signed AB 1559 by Assemblyman Anthony Portantino, D-Pasadena, which will let California filmmakers use certain weapons in their productions and reduce fees for multiple gun purchases by eliminating double or even triple fees for gun purchases made at the same date and time.

He also signed SB 1367 by state Sen. Jean Fuller, R-Bakersfield, which revises archery provisions so an active or retired peace officer can carry a concealed firearm while engaged in taking deer with bow and arrow, but prohibits taking or attempting to take deer with that firearm.

Posted on Friday, September 28th, 2012
Under: Anthony Portantino, Assembly, California State Senate, gun control, Jerry Brown, Mark DeSaulnier | 3 Comments »

Brown signs bill banning ‘open carry’ of long guns

Gov. Jerry Brown today signed a bill into law extending the state’s ban on “open carry” of unloaded handguns in public places to include rifles and shotguns as well.

AB 1527’s author, Assemblyman Anthony Portantino, D-Pasadena, issued a news release thanking the governor “for recognizing the importance of this public safety measure that will help reduce the threat of gun violence for the public and for law enforcement.

“Open Carry wastes law enforcement time and resources by taking attention away from criminal activity and solving crimes,” Portantino said. “It’s a bad situation for everyone – the police, the gun owner and innocent families who could be injured by this risky and unnecessary brandishing of weapons on Main Street, California.”

The ban on “open carry” of rifles and shotguns will go into effect Jan. 1.

Last year’s AB 144, which took effect Jan. 1, made it illegal to carry an unloaded handgun in any public place or street; law enforcement personnel are exempt as are hunters and others carrying unloaded weapons under specified licensed circumstances. Supporters had said open-carry practices should be banned for the sake of public safety, and to protect the safety and conserve the resources of police officers checking to ensure the guns aren’t loaded, in accordance with state law.

Gun-rights activists have seized upon open-carry laws in states across the nation as a means of expressing their political beliefs, acting individually, or gathering to carry their weapons both as an exercise of constitutional rights and for self-protection. They say they’re both protecting their rights under current law as well as advocating for changes so that more people can get permits to carry concealed weapons, something that’s sharply limited under current law.

Some activists reacted to AB 144’s implementation by organizing public events in which they carried unloaded shotguns or rifles rather than handguns. So Portantino introduced AB 1527 to prohibit this as well; the bill includes exemptions to allow safe transportation, lawful hunting and use by law enforcement officials.

AB 1527 was supported by groups including the California Police Chiefs Association, the Peace Officer Research Association of California and the California chapters of the Brady Campaign to Prevent Gun Violence; it’s opposed by groups including the California Rifle & Pistol Association and the National Rifle Association.

UPDATE @ 2:52 P.M.: Brown vetoed or signed several other firearms bills today.

Posted on Friday, September 28th, 2012
Under: Anthony Portantino, Assembly, gun control, Jerry Brown | 3 Comments »

Bill to ban long gun ‘open carry’ goes to Brown

A bill to extend the state’s ban on “open carry” of handguns to include long guns as well has been sent to Gov. Jerry Brown’s desk.

AB 1527 by Assemblyman Anthony Portantino, D-La Canada Flintridge, passed an Assembly concurrence vote 45-30 after about an hour of debate Wednesday, according to the lawmaker’s office. The state Senate had voted 23-15 Monday to pass the bill; the Assembly had approved an earlier version of it May 3 on a 44-29 vote.

shotgunPortantino issued a statement saying the law “will safeguard families confronted by rifle-toting gun enthusiasts and will shield law enforcement personnel from tense situations where they don’t know if the rifle is loaded or unloaded.”

Last year’s AB 144, which took effect Jan. 1, made it illegal to carry an unloaded handgun in any public place or street; law enforcement personnel are exempt as are hunters and others carrying unloaded weapons under specified licensed circumstances. Supporters had said open-carry practices should be banned for the sake of public safety, and to protect the safety and conserve the resources of police officers checking to ensure the guns aren’t loaded, in accordance with state law.

Gun-rights activists have seized upon open-carry laws in states across the nation as a means of expressing their political beliefs, acting individually, or gathering to carry their weapons both as an exercise of constitutional rights and for self-protection. They say they’re both protecting their rights under current law as well as advocating for changes so that more people can get permits to carry concealed weapons, something that’s sharply limited under current law.

Some activists reacted to AB 144’s implementation by organizing public events in which they carried unloaded shotguns or rifles rather than handguns. So Portantino introduced AB 1527 to prohibit this as well; the bill includes exemptions to allow safe transportation, lawful hunting and use by law enforcement officials.

AB 1527 is supported by groups including the California Police Chiefs Association, the Peace Officer Research Association of California and the California chapters of the Brady Campaign to Prevent Gun Violence; it’s opposed by groups including the California Rifle & Pistol Association and the National Rifle Association.

Posted on Wednesday, August 29th, 2012
Under: Anthony Portantino, Assembly, California State Senate, gun control, Jerry Brown | 14 Comments »

Police chiefs laud those who banned ‘open carry’

The California Police Chiefs Association last night honored two men largely responsible for the new law banning “open carry” of unloaded handguns in public places.

During a banquet at their 35th Annual Training Symposium in Sacramento, the chiefs gave their most prestigious award – the Joe Molloy Award – to Emeryville Police Chief Ken James.

“Chief James has served the association as the chair of our Firearms Committee for many years and had tirelessly advocated on our behalf on all of the firearms legislation that has been introduced,” CPCA President and Irvine Police Chief Dave Maggard said.

“Additionally, Chief James fought successfully – against great odds – last year to have Cal Chiefs ‘Open Carry’ bill, AB 144, get to the governor’s desk and be signed into law. He led this year’s fight not only on behalf of our members, but on behalf of public safety and the safety of those in our communities. His tenacity on this issue is what enabled the bill to pass. Through it all he has steadfastly stood for what is best for the safety of our communities.”

Named for the late Chief Joe Molloy of Anaheim, the award goes to one who embodies professionalism, leadership, energy, and commitment to the association’s mission.

The chiefs also honored Assemblyman Anthony Portantino, D-La Cañada Flintridge, for carrying AB 144. “Getting legislation like this introduced and passed is critical for the safety of our communities and we appreciate Assemblymember Portantino’s leadership,” Maggard said.

Portantino said the recognition means a lot to him, as someone with many relatives in law enforcement.

“I know and respect the dedicated men and women in uniform and the work they do to keep our communities safe and it is a tremendous honor to receive this recognition,” he said. “I have been blessed to have worked closely with the Police Chiefs during my time in office most recently on the bill to ban the open carry of unloaded handguns. California is a safer place because the governor signed our collaborative effort into law.”

AB 144, which took effect Jan. 1, made it illegal to carry an unloaded handgun in any public place or street; law enforcement personnel are exempt as are hunters and others carrying unloaded weapons under specified licensed circumstances. Supporters had said open-carry practices should be banned for the sake of public safety, and to protect the safety and conserve the resources of police officers checking to ensure the guns aren’t loaded, in accordance with state law.

Gun-rights activists have seized upon open-carry laws in states across the nation as a means of expressing their political beliefs, acting individually, or gathering to carry their weapons both as an exercise of constitutional rights and for self-protection. They say they’re both protecting their rights under current law as well as advocating for changes so that more people can get permits to carry concealed weapons, something that’s sharply limited under current law.

Some activists reacted to AB 144’s implementation by organizing public events in which they carried unloaded shotguns or rifles rather than handguns. Portantino now is carrying AB 1527, which would prohibit this as well; the CPCA supports this, too.

Posted on Thursday, March 15th, 2012
Under: Anthony Portantino, Assembly, gun control, Public safety | 22 Comments »

‘Open carry’ foes turn attention to long guns

Some California gun-rights advocates had reacted to the state’s new law banning “open carry” of unloaded handguns in public places by openly carrying unloaded long guns instead, but a new bill from the same author aims to nip that in the bud, too.

shotgunAssemblyman Anthony Portantino, D-La Canada Flintridge – now a lame duck, soon to be term-limited out of the Assembly and not pursuing a state Senate seat – has introduced AB 1527, which would prohibit open carry of rifles and shotguns.

“Last year, the state made it clear that this type of behavior had no place on Main Street, California,” Portantino said in a news release. “Unfortunately, the Open Carry community has decided to once again force our hand by escalating their unnecessary activities and entering our communities with AR-15s and other long guns. I had hoped cooler heads would have prevailed and this law wouldn’t be necessary; obviously that hasn’t been the case and I must once again take action to ensure the safety of our communities.”

AB 1527 includes exemptions to allow safe transportation, lawful hunting and use by law enforcement officials, and like last year’s AB 144 to ban handgun open-carry, is supported by the California chapters of the Brady Campaign to Prevent Gun Violence. The bill is awaiting referral from the Assembly Rules Committee, and probably will be set for hearing by the Assembly Public Safety Committee in late March or early April.

Gun-rights activists have seized upon open-carry laws in states across the nation as a means of expressing their political beliefs, acting individually, or gathering to carry their weapons both as an exercise of constitutional rights and for self-protection. They say they’re both protecting their rights under current law as well as advocating for changes so that more people can get permits to carry concealed weapons, something that’s sharply limited under current law.

Opponents say open-carry practices should be banned for the sake of public safety, and to protect the safety and conserve the resources of police officers checking to ensure the guns aren’t loaded, in accordance with state law. The Legislature and Gov. Jerry Brown agreed, banning open carry of handguns effective Jan. 1.

I e-mailed a few open-carry advocates this morning for their reactions to Portantino’s new bill, but I haven’t heard back from them yet; when I do, I’ll update this item.

Posted on Monday, January 23rd, 2012
Under: Anthony Portantino, Assembly, gun control | 7 Comments »

Brown pleases gun advocates and foes

As with many other bills Gov. Jerry Brown handled this session, he seemed to split the baby Sunday when deciding on bills dealing with how, where and when firearms can be carried in California, and by whom.

As I reported here earlier today, Brown signed AB 144, banning the “open carry” of unloaded handguns in public places – a bill supported by gun-control groups and law enforcement by opposed by gun-rights advocates. But he also signed SB 610 to streamline, speed and cheapen the process to seek a permit to carry a concealed handgun, something gun-rights advocates supported.

Brown also signed a bill letting the state Justice Department use an existing fee to fund its program tracking and seizing firearms from people who aren’t legally allowed to have them, and a bill requiring the state to preserve buyer information on rifles and shotguns sold or transferred in the state, just as it already does for handguns – both opposed by gun-rights advocates. But he pleased those same advocates by vetoing a bill on handgun ammunition sales, saying it’s something the courts should work out first.

AB 144, by Assemblyman Anthony Portantino, D-La Canada Flintridge, makes it a misdemeanor to openly carry an unloaded handgun in any public place or street. Violations are punishable by up to a year in jail and/or a fine of up to $1,000. Law enforcement personnel are exempt as are security guards, hunters and others carrying unloaded weapons under certain conditions.

“The right to Open Carry has been legal in the State of California since its inception, and there has never been a single case of an Open Carry advocate ever committing a violent crime in the Golden State’s entire 160-year history,” said Responsible Citizens of California President Adnan Shahab of Fremont, adding his group will work with others to challenge the new law in court. “Since no problem has ever existed that needs to be addressed or fixed, there was no reason for AB 144 in the first place.”

But California Police Chiefs Association President David Maggard Jr. said today that open carry was “a threat to the safety of the communities we police and the safety of our officers. The Governor’s leadership in signing this legislation will help assure that felons and gang members cannot openly carry an unloaded gun with impunity, all the while carrying the ammunitions for the weapon on their person, because with open carry, officers were prohibited from conducting any further investigation to determine if the individual is legally in possession of the weapon.”

SB 610 by state Sen. Roderick Wright, D-Inglewood, requires that a person need not pay for handgun training before the county sheriff has decided whether that person has good cause to receive a permit to carry a concealed weapon. If the sheriff finds no good cause, the bill requires that he or she inform the person why. One way or the other, the sheriff must give notice within 90 days of the application or 30 days after receiving the applicant’s criminal background check from the Justice Department, whichever is later.

The bill was supported by the California Rifle and Pistol Association and the National Rifle Association.

Lots more, after the jump…
Read the rest of this entry »

Posted on Monday, October 10th, 2011
Under: Anthony Portantino, Assembly, California State Senate, gun control, Mark Leno, Public safety | 7 Comments »

Gov. Jerry Brown signs bill banning ‘open carry’

Gov. Jerry Brown has signed into law AB 144, the bill to outlaw the “open carry” of unloaded handguns in public places.

The bill was among the very last that he signed last night before the midnight deadline; I received the legislative update at 12:07 a.m. There was no signing message, and as far as I know, he never said a public word about this bill.

“The Governor has shown common sense and real courage by standing with law enforcement and victims of gun violence to make our communities safer,” said Dallas Stout, president of the California Brady Campaign Chapters. “By prohibiting the open carry of guns, we can now take our families to the park or out to eat without the worry of getting shot by some untrained, unscreened, self-appointed vigilante.”

Adnan Shahab of Fremont, president of Responsible Citizens of California, issued a statement expressing disappointment.

“The right to Open Carry has been legal in the State of California since its inception, and there has never been a single case of an Open Carry advocate ever committing a violent crime in the Golden State’s entire 160-year history,” Shahab wrote. “Since no problem has ever existed that needs to be addressed or fixed, there was no reason for AB 144 in the first place.”

Shahab said his group will work with other gun-rights groups “to plot the best possible course of action moving forward.” He also noted AB 144 bans open carry of handguns but not of long guns: “Since the State Legislature and the Governor have chosen to attack the right to carry handguns, law-abiding citizens who wish to be able to protect themselves from violent criminals have no choice but to Open Carry long guns instead.”

California is behind the times, he insisted. “Most other states have been expanding the basic, fundamental, and enumerated civil right to self defense for their electorate. It is time for our elected officials in California to stop eroding every law-abiding citizen’s Second Amendment Rights. Instead, our public servants should be working to firmly protect the basic, fundamental, and enumerated civil right to self defense and take deliberate action toward expanding these critical civil rights for all law-abiding Californians.”

AB 144, by Assemblyman Anthony Portantino, D-La Canada Flintridge, makes it a crime to openly carry an unloaded handgun in any public place or street. Violations are a misdemeanor punishable by up to one year in jail and/or a fine of up to $1000. Law enforcement personnel are exempt as are security guards, hunters and others carrying unloaded weapons under specified licensed circumstances.

The Assembly passed the bill in May on a 46-29 vote, and after gun-rights activists spent the summer leaning on state Senators to oppose the bill, the Senate approved it on a 21-18 vote Sept. 8; the Assembly then concurred in the Senate’s amendments Sept. 9 with a 48-30 vote, sending it to Brown.

Gun-rights activists have seized upon open-carry laws in states across the nation as a means of expressing their political beliefs, acting individually, or gathering to carry their weapons both as an exercise of constitutional rights and for self-protection. They say they’re both protecting their rights under current law as well as advocating for changes so that more people can get permits to carry concealed weapons, something that’s sharply limited under current law.

Supporters of this bill, including the California Police Chiefs Association, Peace Officers Research Association of California and various gun-control groups, say open-carry practices should be banned for the sake of public safety, and to protect the safety and conserve the resources of police officers checking to ensure the guns aren’t loaded, in accordance with state law.

UPDATE @ 8:58 A.M.: “I want to thank Governor Brown for recognizing the importance of this public safety measure that will help reduce the threat to the public and to law enforcement,” Portantino said. “‘Open carry’ wastes law enforcement time and resources when they could be out catching criminals or solving crimes. Instead, when officers are called to investigate the display of a weapon on an ‘open carry’ proponent, it takes their attention away from where it’s needed and puts folks at unnecessary risk.”

“We worked closely with law enforcement on this bill – both the California Police Chiefs Association and Police Officers Research Association of California – because they felt strongly that “open carry” is not safe and that someone could get hurt or worse,” he added.

Posted on Monday, October 10th, 2011
Under: Anthony Portantino, Assembly, gun control, Jerry Brown | 13 Comments »

Brown’s list of ‘public safety’ bills might be telling

Gov. Jerry Brown signed a bunch of bills today that he said will strengthen public safety in California, but what he didn’t sign might be just as interesting.

Among the bills he signed was one that extends from 45 days to 60 the advance notice that the state prisons must give local police and prosecutors before the scheduled release date of an inmate convicted of a violent felony. Another will incrementally increase minimum restitution fines from $200 to $300 for a felony and from $100 to $150 for a misdemeanor. Yet another lets crime victims request to be notified by e-mail when there’s a change in the custody status of their victimizers.

The governor signed two bills by Senate Majority Leader Ellen Corbett, D-San Leandro. SB 534 changes California’s sexual assault testing protocol to conform with federal requirements for Violence Against Women Act funding – for example, the bill specifies that any sexual assault victim who seeks a forensic medical exam isn’t required to engage with law enforcement in order to receive the free exam. And SB 622 requires out-of-state sex offenders to register in California upon moving here; Corbett said today this “makes it tougher for those who commit sex crimes in other states to hide in California.”

But the governor vetoed SB 296 by state Sen. Roderick Wright, D-Los Angeles, which would’ve created a process for someone subject to a gang injunction to petition for relief from that injunction if he or she meets certain criteria including no arrests, gang activity or new gang tattoos within the past three years.

“This measure would require that a special form be given to gang members when they are served with an injunction to make it easier to petition the court for an exclusion from the injunction,” the governor wrote in his veto message. “Under current law, people who are served with a gang injunction are given the full panoply of legal rights to contest an injunction against them. Prosecutors believe this bill will increase meritless litigation in our courts which are already laboring under severe cut backs. I agree.”

And conspicuously missing from the list of public safety bills the governor addressed was AB 144 by Assemblyman Anthony Portantino, D-La Canada Flintridge, which would ban the “open carry” of unloaded firearms in public places. The California Police Chiefs Association and the Peace Officers Research Association of California, along with various gun-control groups, say open-carry practices should be banned for the sake of public safety, and to protect the safety and conserve the resources of police officers checking to ensure the guns aren’t loaded, in accordance with state law.

Gun-rights activists have seized upon open-carry laws in states across the nation as a means of expressing their political beliefs, acting individually, or gathering to carry their weapons both as an exercise of constitutional rights and for self-protection. They say they’re both protecting their rights under current law as well as advocating for changes so that more people can get permits to carry concealed weapons, something that’s sharply limited under current law.

An absence of action on the bill so far certainly isn’t conclusive, but it does seem interesting that the governor apparently didn’t see it as easily categorizeable with the public safety bills on which he acted today.

Posted on Thursday, September 29th, 2011
Under: Anthony Portantino, Assembly, California State Senate, Ellen Corbett, gun control, Jerry Brown, Public safety | 2 Comments »

The AB 144 ‘open carry’ ban update

I guess this isn’t much of an update, in that nobody knows what’s going to happen.

AB 144 by Assemblyman Anthony Portantino, D-La Canada Flintridge, would make it a crime to openly carry an unloaded handgun in any public place or street. Violations are a misdemeanor punishable by up to one year in jail and/or a fine of up to $1000. Law enforcement personnel are exempt as are security guards, hunters and others carrying unloaded weapons under specified licensed circumstances.

The Assembly passed the bill in May on a 46-29 vote, and after gun-rights activists spent the summer leaning on state Senators to oppose the bill, the Senate approved it on a 21-18 vote last Thursday; the Assembly then concurred in the Senate’s amendments last Friday with a 48-30 vote last Friday, sending the bill to Gov. Jerry Brown’s desk.

And there it sits, fate unknown. Someone in Brown’s office told me today he’s not sure what the governor will do; the Sacramento Bee is reporting that Brown says he’s going to be vetoing a slew of bills in the next few weeks, believing many of them just aren’t necessary. I’d talked with Portantino’s office yesterday, where they said they’re “cautiously optimistic” but unsure where the governor stands.

Meanwhile, the bill’s opponents keep working the social media, trying to get people to call Brown’s office to urge a veto.

“And if Governor Brown does decide to sign AB 144, it is almost certain that the law will be challenged in court,” Adnan Shahab of Fremont, president of Responsible Citizens of California and a Republican candidate in the 20th Assembly District, said in an e-mail he sent me late last week. “There are constitutional issues that must addressed, as well as how this law relates to the recent court ruling that the highly discriminatory shall-issue concealed weapons permitting process in California is legal partly because open carry is also available to residents as an alternate means of carry in this state.”

Gun-rights activists have seized upon open-carry laws in states across the nation as a means of expressing their political beliefs, acting individually, or gathering to carry their weapons both as an exercise of constitutional rights and for self-protection. They say they’re both protecting their rights under current law as well as advocating for changes so that more people can get permits to carry concealed weapons, something that’s sharply limited under current law.

Supporters of this bill, including the California Police Chiefs Association, Peace Officers Research Association of California and various gun-control groups, say open-carry practices should be banned for the sake of public safety, and to protect the safety and conserve the resources of police officers checking to ensure the guns aren’t loaded, in accordance with state law.

Posted on Wednesday, September 14th, 2011
Under: Anthony Portantino, Assembly, California State Senate, gun control, Jerry Brown, Public safety | 17 Comments »

‘Open carry’ ban bill’s author says it’s not dead

The state Senate moved a bill to outlaw the “open carry” of unloaded firearms in public places to its inactive file yesterday, but the bill’s author insists it’s definitely not dead.

AB 144 is not dead; it’s a procedural move, it will be taken up soon,” Assemblyman Anthony Portantino, D-La Canada Flintridge, said today.

AB 144 would make it a crime to openly carry an unloaded handgun in any public place or street. Violations are a misdemeanor punishable by up to one year in jail and/or a fine of up to $1000. Law enforcement personnel are exempt as are security guards, hunters and others carrying unloaded weapons under specified licensed circumstances.

The Assembly passed the bill in May on a 46-29 vote, and opponents have been hard at work this summer trying to bring pressure to bear on individual Senators. The StopAB144 Twitter group tweeted Tuesday that “at least five Senate Democrats have issues” with the bill, and “all five were Senators that we have been urging to vote no.”

Gun-rights activists have seized upon open-carry laws in states across the nation as a means of expressing their political beliefs, acting individually, or gathering to carry their weapons both as an exercise of constitutional rights and for self-protection. They say they’re both protecting their rights under current law as well as advocating for changes so that more people can get permits to carry concealed weapons, something that’s sharply limited under current law; some have promised to sue if the bill passes.

Supporters of this bill say open-carry practices should be banned for the sake of public safety, and to protect the safety and conserve the resources of police officers checking to ensure the guns aren’t loaded, in accordance with state law.

This Friday is the last day to amend bills on the floor; next Friday, Sept. 9, is the last day for each house to pass bills.

A similar bill, AB 1934 by Assemblywoman Lori Saldaña, D-San Diego, died in September 2010 without a final vote after two days of tense maneuvering; Saldaña was then term-limited out of office. The state Senate approved her bill on a 21-16 vote after state senators Denise Ducheny, D-San Diego, and Gloria Negrete-McLeod, D-Chino, lent last-minute support despite a phone and fax blitz by gun-rights activists. But the bill had to win a concurrence vote in the Assembly, where Republicans threatened to run out the clock on the bill by debating it until after the midnight deadline — thus also threatening other bills awaiting votes. Majority Leader Chuck Calderon, D-Whittier, eventually won a motion to delay AB 1934′s consideration, and there it died.

Posted on Wednesday, August 31st, 2011
Under: Anthony Portantino, Assembly, California State Senate, gun control, Public safety | 24 Comments »