Assembly OKs Concealed Gun Permits Bill

Over strong objections of law enforcement groups across California, the Assembly on Wednesday approved legislation aimed at vastly expanding the availability of concealed handgun permits for most adults.

With almost all Republican Assembly members and three Democrats voting for the measure, it received 42 votes, one more than required. Democrats launched a last-ditch effort to rescind the decision but failed late in the evening.

Assembly Speaker Curt Pringle acknowledged that the gun measure, a major no-fault insurance bill and other controversial bills approved this week face an “uncertain future” as they move to the state Senate, controlled by Democrats. “That is important because that kind of legislation hasn’t moved out of this house before,” he said.

Assemblyman William J. “Pete” Knight (R-Palmdale), who sponsored the concealed weapons bill, said that without the legislation, the right of law-abiding people to protect themselves is “an empty promise.”

Knight predicted that no more “than 4% of the total population will apply for and receive” permits to carry concealed handguns, based on the experience of other states. Given the state’s population, Knight’s prediction means that 1.3 million Californians could seek concealed weapons.

Proponents of the bill say that up to 500,000 people in Los Angeles County alone might obtain permits. The state Department of Justice estimates that 38,000 Californians now have permits.

In other Assembly action, the lower house approved by a 41-31 margin another Knight-authored bill that would not allow California to recognize same-sex marriages sanctioned by other states. Democrats also mounted an effort to kill that measure, but failed as the midnight deadline approached for the Assembly to pass bills that were introduced last year.

Wednesday’s crush followed action by the Assembly on Tuesday to cut welfare, reduce corporate taxes and send the National Guard to the California-Mexico border to stop illegal immigration. Now all the bills go to the Democratic Senate for consideration, where they will be subject to review until the end of the session in September.

Assemblyman Mickey Conroy (R-Orange) lost another attempt to add corporal punishment to the arsenal of authorities who deal with children. A bill to allow paddling of graffiti vandals was defeated. On Tuesday, his bill to permit schools to use corporal punishment in schools also failed.

And a GOP-sponsored measure allowing noncustodial parents--overwhelmingly fathers--to reduce their child support payments by up to 25% was defeated on a bipartisan vote.

On the gun bill, Republicans, normally allied with law enforcement, went against Atty. Gen. Dan Lungren, Los Angeles County Sheriff Sherman Block, Los Angeles County Dist. Atty. Gil Garcetti, the California Peace Officers Assn., the California District Attorneys Assn., and the California Sheriff’s Assn.

But Republicans also receive large sums of campaign donations from pro-gun groups, which lobbied hard for the bill. The National Rifle Assn. has given more than $1 million to California campaigns since 1989, almost all of it going to Republicans and their causes. Gun Owners of California has given at least $375,000 to state campaigns since 1993.

Knight insisted that rank-and-file police officers support the concept of the bill. He said he was pushing it because sheriffs and police chiefs generally give permits only to friends and supporters, denying them to many citizens who legitimately need them.

Under current law, local law enforcement officials are under no obligation to issue permits to carry concealed handguns, and--with few exceptions--police chiefs and sheriffs rarely do.

Under the bill approved Wednesday, applicants would have to pay a $12.50 fee and demonstrate competence with a gun. They would do so by showing proof that they have completed a gun training course or by proving that they have experience with guns.

Law enforcement officials would be required to issue permits after a 15-day waiting period. The permit must be issued unless the sheriff or police chief concludes that an “applicant is likely to use the weapon unlawfully or negligently.” This conclusion must be based on “the personal knowledge of a law enforcement officer.”

In addition, applicants would be denied permits if they are street gang members, have a criminal record of spousal abuse, have been deemed by a court to be mentally unstable, or were dishonorably discharged from the military.

“It’s going to be the responsible, law-abiding citizens that are going to apply for a permit,” said Knight, who is in a tough race for the state Senate.

Assemblyman Louis Caldera (D-Los Angeles) led the effort to kill the bill, calling on the house to add to it 10 amendments--ranging from one to strengthen California’s assault weapons ban to one that would give local government the right to decide its own gun policy. As it is, the state generally dictates gun policy to local government.

Republicans accepted Caldera’s amendments to deny permits to people with records of spousal abuse and to known gang members. But Caldera failed to persuade them to add language to deny permits to people with a history of drunk driving arrests.

He also failed to persuade GOP lawmakers to require that applicants undergo psychological testing. The Assembly also rejected his amendment to ban concealed weapons in public parks and buildings, ranging from restaurants to government offices. As written, Knight’s bill would allow people with permits to carry handguns into courthouses, post offices, city halls and the state Capitol itself.

Amid the rush to approve bills, Assembly Republicans approved dozens of other measures aimed at reshaping the state’s economy and legal system, including one to create a no-fault auto insurance system in which people would not be able to sue over car accidents.

It was the first time in at least 25 years--the last time that Republicans had a majority in the Assembly--that such a measure passed the lower house. The bill, AB 607, by Assemblyman Jim Brulte (R-Rancho Cucamonga) passed by a 42-27 vote, with all 41 Republicans and Democratic Assemblywoman Debra Bowen of Marina del Rey supporting it.

The bill would allow lawsuits only if accidents result from someone who was driving while drunk or under the influence of other drugs, or if the accident occurred because a motorist was trying to harm another driver.

Under the bill, drivers would buy basic policies to cover their injuries and losses, such as wages, up to $50,000. People also could buy higher-cost policies giving them added coverage. Brulte said the measure would reduce auto insurance premiums by 25%.

The measure, like many approved by the Assembly this week, is headed for a tough fight in the Senate where Democrats, who generally support the right to sue in such matters, hold a slim majority.

Assembly Republicans continued approving bills to limit the right to file certain lawsuits, limit welfare and slash taxes. On Wednesday, Senate President Pro Tem Bill Lockyer estimated that so far this year, the Assembly has approved $30 billion in tax cuts, an amount that would be about half the entire state budget.

“Obviously, we can’t enact all of those,” Lockyer said. “That illustrates their lack of discipline. They can’t prioritize.”

Pringle predicted that they would at least receive a “full and complete debate” in the Senate. “Many of those ideas that have been put off and haven’t been debated recently or ever will get a full and complete debate.”

Another bill certain to receive such debate is the one involving same-sex marriages. Although no state sanctions marriages of gay or lesbian couples, Hawaii is considering it, prompting Knight to introduce his bill as a preemptive strike.

Christian activists, including the Rev. Louis Sheldon, director of the Traditional Values Coalition, lobbied hard for approval of AB 1982 to deny recognition of such same-sex marriages.

Despite impassioned pleas to kill the measure from Democrats, including Assemblywoman Sheila J. Kuehl (D-Santa Monica), the only openly gay member of the Legislature, three Central Valley Democrats and one from the Los Angeles area joined most Republicans in voting for it.

“A lot of the problems in our society are directly traceable to the breakdown of the family,” said Assemblyman Willard H. Murray Jr. (D-Paramount), who voted for the Knight marriage bill. “I oppose anything that tends to offer alternatives to the traditional family structure, which is a heterosexual couple.”

* PADDLING VANDALS: Assembly rejects bill allowing paddling of graffiti vandals. A3

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Who Could Get a Permit

The concealed weapons bill approved in the Assembly would allow virtually any adult to get a permit for $12.50 after a 15-day waiting period, with the following exceptions:

* The local sheriff or police chief could deny a permit after concluding that an “applicant is likely to use the weapon unlawfully or negligently.” This conclusion must be based on “the personal knowledge of a law enforcement officer.”

* Convicted felons.

* Members of street gangs.

* People with a criminal record of spousal abuse.

* Applicants who have been found not guilty of a crime by reason of insanity, or deemed mentally incompetent by a court.

* Those dishonorably discharged from the military.