GunsCalif. Gov. Brown vetoes restrictive assault weapon measures

Published 12 October 2013

Governor Jerry Brown of California, saying that “The state of California already has some of the strictest gun laws in the country,” on Friday vetoed two measures which would have restricted the sale and possession of some semi-automatic assault weapons, and two other measures which would have tightened firearms reporting requirements and denied guns to DUI offenders. The governor’s vetoes derailed the most sweeping gun legislation measures to be considered so far this year by the California legislature. Brown signed several smaller pieces of gun legislation into law on Friday.

Governor Jerry Brown (D), saying that California already has some of the nation’s toughest gun laws, on Friday vetoed two measures which would have restricted the sale and possession of some semi-automatic assault weapons, and two other measures which would have tightened firearms reporting requirements and denied guns to DUI offenders. The governor’s vetoes derailed the most sweeping gun legislation measures to be considered so far this year by the California legislature.

The measures Brown vetoed:

  • Senate Bill 374, which would have banned semi-automatic rifles with detachable magazines and required firearm owners to register even low-capacity rifles as assault weapons. Explaining his veto, Brown wrote he did not “believe that this bill’s blanket ban on semi-automatic rifles would reduce criminal activity or enhance public safety enough to warrant this infringement on gun owners’ rights.”
    Brown added that “The state of California already has some of the strictest gun laws in the country, including bans on military-style assault rifles and high capacity ammunition magazines.”
    The Los Angeles Times notes that California already bans the open carrying of guns in urban areas — a law previously signed by Brown – and has a 10-day waiting period for purchasing firearms and requires buyers to undergo a background check.
    On Tuesday, the National Rifle Association said it would file a lawsuit over the bill, which was sponsored by Senate President Pro Tem Darrell Steinberg (D-Sacramento). “The NRA’s planned legal challenges are simply part of its prudent contingency plan to do everything possible to protect the rights of Californians who choose to own a gun to protect themselves and their families,” said Chuck Michel, an attorney who represents the association in California.
  • Senate Bill 567, by Sen. Hannah-Beth Jackson (D-Santa Barbara), which would have defined certain rifles and shotguns as assault weapons. Brown explained his veto of this bill by saying he did not believe the relatively small number of guns covered by the bill posed a danger to the public.
  • Senate Bill 299, by Sen. Mark DeSaulnier (D-Concord), which would have required gun owners to report to authorities within seven days of discovering their guns lost or stolen. Brown said the measure was unlikely to change people’s behavior.
  • Senate Bill 755, by Sen. Lois Wolk (D-Davis), which would have forbidden some DUI offenders to have guns for a period of ten years. “I am not persuaded that it is necessary to prohibit gun ownership on the basis of crimes that are non-felonies, non-violent and do not involve misuse of a firearm,” Brown wrote in explaining his veto decision.

The Washington Post reports that Brown signed several smaller pieces of gun legislation into law on Friday, including:

  • A measure limiting sales of high-capacity magazines
  • A measure outlawing kits enabling ammunition magazines to hold more than ten bullets
  • A measure which prohibits businesses and gun clubs from applying for assault weapons permits
  • Assembly Bill 711, by Assemblyman Anthony Rendon (D-Lakewood), bans hunting with lead bullets. The substance is toxic and could poison animals which eat other creatures shot with the ammunition, and enter the human food chain. The bill will not take effect until July 2019, and the Times notes it could be blocked if sufficient quantities of alternative ammunition is determined to be unavailable.
  • A requirement that rifle owners undergo safety training
  • A measure requiring that guns be locked up in homes where felons and the mentally ill live
  • Two bills restricting access to firearms for mentally ill patients
  • A measure which would give the Justice Department additional time to run background checks before a gun sale.
  • Assembly Bill 1131, by Assemblywoman Nancy Skinner (D-Berkeley), prohibiting gun ownership by people who make serious threats to psychotherapists

We appreciate that the governor has respected the rights of California gun owners by vetoing many of the anti-gun bills that were on his desk,” said Clint Monfort, an attorney representing the NRA.

The Democratic-dominated legislature has so far this year passed a total of fourteen bills addressing gun control. Democratic lawmakers have a supermajority they could use to override Brown’s vetoes, but the Times notes that this appears unlikely.