California’s post-Bruen gameplan – POLITICO


THE BUZZ: California Democrats are trying to strengthen the state’s concealed carry laws, but even Gov. Gavin Newsom acknowledges the “elephant in the room.”

“We fell short last year,” he told reporters Wednesday. “No one is naive about that.”

Since the landmark U.S. Supreme Court ruling in Bruen last year, a handful of states, including California, have been unable to enforce a provision of their concealed carry laws that require applicants to show good cause, or something similar, to receive a license.

New York quickly changed its law to meet constitutional muster, but similar efforts to change the statute in California floundered due to a small cohort of moderate Democratic holdouts in the Assembly. Lawmakers were already prepared for a redo this session, but the recent mass shootings in Monterey Park, Half Moon Bay and Oakland have brought the issue to the fore.

The chances of the bill passing this year are higher — for now. Without an urgency clause, Senate Bill 2 only needs a simple majority, unlike last year. But getting it through the Legislature is only the first hurdle. Much like in New York, the changes California is proposing to its concealed carry law are almost guaranteed to garner legal challenges.

“I think the only certainty is that this law will be challenged in court,” said Adam Winkler, a UCLA law professor specializing in gun policy.

SB 2 was tailor-made to meet the Supreme Court’s specifications around concealed carry, said Attorney General Rob Bonta and Sen. Anthony Portantino (D-La Cañada Flintridge), who authored the bill. But gun rights advocates have cast a wary eye on the extensive list of prohibited places California is proposing. They include certain parking lots, places of worship, museums, zoos and sporting venues.

Even though the bill eliminates the “good cause” provision the court struck down, it still requires significant screening for concealed carry applicants, including an in-person interview and three character references.

It’s hard to know how the court will view these provisions, Winkler said. New York’s updated concealed carry law, which similarly prohibits weapons in certain sensitive places, is winding its way through the courts. Last month, Bonta joined 15 other attorneys general in filing an amicus brief defending the law.

Newsom and fellow Democrats vowed to stay optimistic Wednesday, but the governor acknowledged there’re limits to what the state can do in the face of gun violence.

“We’re not an island on our own,” he said. “We need the federal government to participate.”

BUENOS DÍAS, good Thursday morning. Happy Groundhog Day. After nine rounds of brutal winter weather last month, we’re praying Punxsutawney Phil doesn’t see his shadow.

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QUOTE OF THE DAY: “She should blame herself. … I’m sick and tired of being lectured by her on public safety — sick and tired. With all due respect to her statement, she should be ashamed of herself and she should look in the mirror.” Newsom in response to Fresno County District Attorney Lisa A. Smittcamp saying he has the blood of a recently killed Selma police officer on his hands. 

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