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April 1st, 2018
In recent years, the California Legislature has passed a series of laws restricting the rights of California gun owners. The latest example of anti-gun legislation will hit gun owners in their pocketbooks….
If you want to practice your marksmanship in California from now on, get ready to open your wallet and pay the taxman. With the passage of AB 211, recently signed into law by Gov. Jerry Brown, California shooters who use paper targets at indoor ranges will have to pay a fee for every hole they put in paper — literally. This new law, codified in the California Penal Code, states that commercial gun ranges must collect a charge of $0.38 per shot, as established by holes made in approved paper targets. This fee, the “Target Tax”, can be raised in the future at the discretion of the California Dept. of Justice.
Here’s how it will work, starting June 1, 2018, when the new Target Tax law goes into effect at California indoor ranges. First, all shooters must purchase California DOJ-approved paper targets (you may no longer bring your own). When you purchase a certified target at an indoor range, your name and the number of targets you have purchased will be recorded in a state database. Then, after your shooting session, the targets must be scanned, with the number of shot holes recorded. A charge of $0.38 per scanned hole will be added as a line item for your range session, along with the DOJ target-processing fee of $5.00 per target.
With 30 holes, the new California target tax on this left target would be 30 x $0.38 or $11.40. Conversely, the tax on the target on the right would be just 38 cents, because there is only one hole, though five shots went through the same hole. Obviously, exceptional marksmanship skills can help reduce your target tax liabilities.
California Targets Must Be Culturally Tolerant and Non-Discriminatory
AB 211 also includes a series of provisions which specify the types of targets which may be purchased. First, as you might expect, all targets must be printed on recycled paper. Second, no target may contain any “hate speech” or “micro-aggressions”. Third, while targets may still show human silhouette-style outlines, any targets which depict a protected minority type or non-binary gender type are forbidden. Likewise, any target that shows discernable culture, religion, or national origin are forbidden. So, a target showing a bearded male wearing a turban would be forbidden. If you had such a target, the range owner would be required, under AB 211, to confiscate it. Shown below are two types of targets that would be illegal in California under AB 211. NOTE: It is unclear whether a zombie target would be allowed, if the Zombie is unknown gender, ethnicity, or culture.
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August 23rd, 2016
Earlier this summer, California Governor Jerry Brown signed six restrictive new gun laws. Less than 24 hours after they arrived on his desk, Brown signed six anti-gun bills railroaded through the Democratic-controlled California Legislature. This legislation imposes many new burdens on California gun-owners and criminalizes conduct that was heretofore legal. With little public debate, these bills were rushed through the legislative process. And now Californians are facing the disturbing consequences.
FREE Online Webinar on California Gun Laws
To help Californians understand their responsibilities under the new gun laws, the Michel & Associates law firm is hosting a free online seminar this week. As space is limited, advanced registration is required for the seminar. CLICK HERE to REGISTER.
The seminar will be held, Wednesday, August 24, 2016 at 12:00 pm (PT). This live webinar will explain how the new gun laws will affect gun owners, when they will go into effect, and what citizens need to do to comply with these laws. The seminar will be hosted by C.D. Michel and Joseph Silvoso, lawyers with Michel & Associates. Important topics will include:
SB 1235 (Ammunition Purchase Bill): This new law requires the California Department of Justice (DOJ) to record ammunition vendor and ammunition purchaser information. This ill-conceived legislation has caused much confusion. It is unclear how AB 1235 will affect mail-order purchases of loaded ammunition from vendors outside the state.
SB 1446 (Magazine Ban): SB 1446 which will require Californians to forfeit, destroy, or ship out of the state ALL firearms magazines that can hold more than ten rounds. Owners of legally-obtained magazines, previously “grandfathered”, will receive no compensation though they must give up their property. Those who fail to comply will be fined and charged with an infraction, a low-level crime. This magazine restriction goes into effect July 1, 2017.
Other California Gun Laws Signed by Gov. Brown:
AB 1135 (Levine) and SB 880 (Hall) Firearms: Assault Weapons – Expands the definition of assault weapons based on whether a semiautomatic firearm has a detachable magazine, banning thousands of popular firearms.
AB 1511 (Santiago) Firearms: Lending – Makes it illegal to loan a firearm to a person who is personally known to you (except for family members with restrictions).
AB 1695 (Bonta) Firearms: False Reports – Creates a 10-year prohibition on owning firearms for someone convicted of falsely reporting a lost or stolen firearm.
Graphic courtesy The Daily Shooter YouTube channel.
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July 2nd, 2016
California Governor Jerry Brown just departed for a luxurious European vacation. But before he left the state, he savaged the Second Amendment rights of millions of California gun owners. Less than 24 hours after they arrived on his desk, Brown signed six anti-gun bills railroaded through the Democratic-controlled California Legislature. Among the bills signed by Brown was SB 1446 which will require Californians to forfeit, destroy, or ship out of the state ALL firearms magazines that can hold more than ten rounds. Owners of legally-obtained magazines, previously “grandfathered”, will receive no compensation though they must give up their property. Those who fail to comply will be fined and charged with an infraction, a low-level crime. This magazine restriction goes into effect July 1, 2017.
Gov. Brown also signed SB 1235 which will require background checks for the purchase of any and all ammunition. Ammo buyers’ names and personal information will be logged and tracked in a database.
Notice from NSSF RE California Legislation
The NSSF issued this statement: “The National Shooting Sports Foundation is extremely disappointed that Gov. Brown today chose to sign into law these highly restrictive and unneeded gun control measures, all of which will affect law-abiding Californians while doing nothing to stop the criminal misuse of firearms. By acting within 24 hours after being sent these bills, and not allowing the public to voice their opinions in order to depart for his European vacation, the governor compounded the miscarriage of legislative process and procedure while demonstrating disdain for Californians who now face laws that clearly infringe on their Constitutional rights.”
Gov. Brown SIGNED the following bills into law:
AB 1135 (Levine) and SB 880 (Hall) Firearms: Assault Weapons – Expands the definition of assault weapons based on whether a semiautomatic firearm has a detachable magazine, banning thousands of popular firearms.
SB 1235 (de Leon) Ammunition – Requires authorization to purchase ammunition and track what and how much ammunition each person buys, creating a database of ammunition purchasers.
SB 1446 (Hancock) Firearms: Magazine Capacity – Makes it illegal to possess magazines capable of holding more than 10 rounds no matter how long a person has owned them.
AB 1511 (Santiago) Firearms: Lending – Makes it illegal to loan a firearm to a person who is personally known to you (except for family members with restrictions).
AB 1695 (Bonta) Firearms: False Reports – Creates a 10-year prohibition on owning firearms for someone convicted of falsely reporting a lost or stolen firearm.
Gov. Brown VETOED the following bills:
SB 894 (Jackson) Firearms: Lost or Stolen: reports – Would have made it a crime not to report lost and stolen firearms to law enforcement within the arbitrary time limit.
AB 1673 (Gipson) Firearms: Unfinished frame or receiver – Would have expanded the definition of a firearm to include partially finished frames and receivers (no definition of what this means) and require their registration.
AB 1674 (Santiago) Firearms: Transfers – Would have made it illegal to buy or receive more than one firearm in any 30-day period.
If you wish to Contact Gov. Brown’s office to voice your concern about his signing of six anti-gun measures, here is the contact information:
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Governor Jerry Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814 |
Phone: (916) 445-2841
Fax: (916) 558-3160
E-mail: https://govnews.ca.gov/gov39mail/mail.php |
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June 17th, 2014
After politicians force citizens to register their firearms, what comes next? Laws requiring permits to purchase ammo (with mandatory registration and finger-printing). We kid you not. Right now in California (no surprise), legislators are considering legislation (Senate Bill 53) that would require purchasers of ammunition to register with the state Department of Justice (DOJ) prior to purchasing any ammunition, and to obtain an ammo-purchasing permit.
You would think such a law would be rejected as an extreme “prior restraint” and hence, a violation of Californians’ Constitutional rights. But heck no, quite a few politicians (you guess the party) believe that it is perfectly fine to require pre-purchase registration of ammo buyers. Last week, anti-gun Senate Bill 53 passed in the California Assembly Public Safety Committee by a 5 to 2 vote. SB 53 will now go to the Assembly floor where it could be considered at anytime.
Photo from FingerPrinting Scottsdale.
SB 53 would require ammo buyers to register with the state Department of Justice (DOJ) prior to purchasing any ammunition. The registration process would require the submission of fingerprints, background check results, and fees to the DOJ. On top of that, SB 53 would require gun owners to obtain a costly ammunition purchaser permit every two years. In addition, at time of sale, ammo purchasers would have to provide a thumbprint for all ammunition purchases.
It Gets Worse — California Legislation Would Also Ban Mail-Order Ammo Sales
This onerous legislation, SB53, does more than mandate registration of ammo purchasers. It would also ban online and mail-order sales of all ammunition, including hunting ammunition.
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October 12th, 2013
 We have good news and bad news for California gun owners and hunters. The good news is that California Governor Jerry Brown vetoed SB 374. The bad news is that Gov. Brown also signed AB 711 which bans the use of lead-containing ammunition for hunting. Gov. Brown surprised many people with his veto of SB 374, a sweeping ban on virtually all semi-automatic centerfire rifles with any kind of detachable magazine. Had it become law, SB 374 would have banned the sale and transfer of hundreds of rifle types, including many classic hunting rifles with 3- or 4-round flush-mount detachable magazines. In addition, SB 374 would have banned historic military rifles such as the M1 Garand, and M1 Carbine, which are prized by collectors and widely used in vintage rifle events and CMP shooting matches.
In his Veto Message, Gov. Brown stated:
I am returning Senate Bill 374 without my signature.
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.
While the author’s intent is to strengthen these restrictions, this bill goes much farther by banning any semi-automatic rifle with a detachable magazine. This ban covers low-capacity rifles that are commonly used for hunting, firearms training, and marksmanship practice, as well as some historical and collectible firearms. Moreover, hundreds of thousands of current gun owners would have to register their rifles as assault weapons and would be banned from selling or transferring them in the future.
I don’t 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.
Governor Brown Signs Eleven Bills Targeting Gun Owners
In addition to vetoing the expanded “assault weapons” ban, Brown vetoed six other bills relating to firearms: SB299, SB475, SB567, SB755, AB169, and AB180. Again, that sounds good. However, at the same time, Gov. Brown signed eleven other bills that will affect California gun owners:
SB 171 – Patient threats must be reported by psychotherapists to police within one day.
SB 363 – New penalties for storing loading guns where they may be improperly accessed.
SB 683 – Requires long gun owners to obtain safety certificates.
AB 48 – Bans magazine conversion kits increasing capacity.
AB 170 – Disallows organizational permits for “assault weapons”, and .50 BMG.
AB 231 – Criminalizes leaving a gun where child might use it without permission.
AB 500 – Imposes further rules on gun storage; expands DOJ background check times.
AB 558 – FFLs must provide Record of Sale to gun buyers.
AB 539 – Permits disallowed persons to temporarily transfer guns to FFL.
AB 711 – Bans lead ammunition for all hunting activities.
AB 1131 – 5-year gun prohibition for people who have revealed threat to psychiatrist.
Bill Banning Use of Lead-Containing Ammunition for Hunting
AB 711, the lead ammunition ban, will create real problems for California hunters as it is “phased in” over the next few years. There are no lead-free bullets readily available for many cartridge/caliber types. Critics of AB 711 have called this “a ban on hunting disguised as an ammunition ban”.
Summary of Key Provisions of AB 711:
Existing California law requires that nonlead centerfire rifle and pistol ammunition be used when taking big game with a rifle or pistol, as defined by the Department of Fish and Wildlife’s hunting regulations, and when taking coyote, within specified deer hunting zones, but excluding specific counties and areas.
This bill would instead require, as soon as is practicable, but by no later than July 1, 2019, the use of nonlead ammunition for the taking of all wildlife, including game mammals, game birds, nongame birds, and nongame mammals, with any firearm. The bill would require the commission to certify, by regulation, nonlead ammunition for these purposes. The bill would require that these requirements be fully implemented statewide by no later than July 1, 2019.
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October 4th, 2013
 On October 3rd, Firearms Policy Coalition (FPC) Managing Director Brandon Combs, joined by California Association of Federal Firearms Licensees (CAL-FFL) Legislative Advocate Craig DeLuz, delivered 65,000 letters from individuals urging California Governor Jerry Brown to veto the 14 gun control bills currently on his desk. The gun bills include SB 374, a sweeping ban on semi-automatic rifles, as well as laws that would ban firearm repair parts, handgun sales, lead ammunition for hunting, and exempt the City of Oakland from longstanding state laws that preempt dangerous localized gun registration schemes, among others. SB 374 outlaws virtually all self-loading centerfire rifles with detachable magazines, regardless of magazine capacity. Even common hunting rifles with 3-rd flush mags are banned.
“65,000 letters sends a very loud-and-clear message: Californians just don’t want these horrible new laws,” said CAL-FFL’s DeLuz of the tremendous response by California gun owners. FPC’s Brandon Combs said that that the fight is far from over and noted that people should keep calling and writing the Governor’s office every day. “We encourage all gun owners and Second Amendment supporters to send Governor Brown a letter through our fast, easy, and free gun rights activism tools at www.DemandRights.com.” “We will keep printing, faxing, and emailing letters to Governor Brown until the very end,” continued Combs. “Gun owners simply must keep up the pressure for these final few days.” Governor Brown has until October 14, 2013 to sign or veto the bills. Bills that are not vetoed will become state law. Governor Brown’s State Capitol office phone number is (916) 445-2841. You can email the Governor via this webpage: http://govnews.ca.gov/gov39mail/mail.php.
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October 14th, 2011
 Dark Day for 2nd Amendment Rights
California Governor Jerry Brown acted on several firearms-related bills on Sunday, October 9th. Gov. Brown waited until literally the last hour on Sunday to act on firearms-related legislation sent to his desk this session. Several anti-gun and anti-industry bills were signed into law, including long-gun registration. “Sadly, the steady erosion of the Second Amendment in California continues,” said Lawrence G. Keane, NSSF senior vice president and general counsel. “Gov. Brown has now proven that he no more respects freedom and the individual right protected by the Second Amendment than his predecessor. These bills will increase costs for the taxpayer and the state’s retailers, most of whom are small mom-and-pop businesses. It will cost the state jobs and tax revenue, all the while doing absolutely nothing to reduce crime.” Below are summaries of the gun-related bills signed into law by Gov. Brown:
AB 809 (Feuer, Democrat, West Hollywood): Long-gun registration: SIGNED INTO LAW. In a nutshell, AB 809 mandates long-gun registration, starting January 1st, 2014. The bill does this, essentially, by treating long guns the same as handguns. The bill requires FFLs to make long gun sales information available to the California Dept. of Justice, and imposes new requirements on persons bringing long guns into the state. AB 809 also burdens “peace officers” with responsibilities for the compilation and retention of long-gun information.
SB 819 (Leno, Democrat, San Francisco): SIGNED INTO LAW. This bill allows the California Department of Justice (DOJ) to use Dealer Record of Sales (DROS) funds for purposes unrelated to administration of background checks. There is currently a lawsuit pending that challenges the past misuse/misappropriation of these funds by the DOJ. The DROS fee now becomes a sanctioned revenue stream for the DOJ.
AB 144 (Portantino, Democrat, La Canada): SIGNED INTO LAW. This bill bans open carry in the state. This revokes a long-standing right of California citizens that has been in effect for more than a century. The bill would make it a misdemeanor to openly carry an unloaded handgun on the person or in a motor vehicle in public areas and would make it a misdemeanor to openly carry an exposed handgun in a public place or public street. Existing laws otherwise ban open carry of loaded handguns and ban concealed carry without a permit — something virtually impossible to obtain in many California Counties.
SB 610 (Wright, Democrat, So. Central Los Angeles): SIGNED INTO LAW. This bill, which modifies the state’s concealed-carry application process, may actually benefit CCW applicants in a modest fashion. First, the bill provides that no concealed carry applicant would be required to obtain liability insurance as a condition of the license. This bill also provides that the applicant would not be required to pay for training courses prior to a determination of good cause being made.
Brown Vetoes Vague Ammo Registration Bill
One source of good news was Gov. Brown’s veto of SB 427 (De Leon, Democrat). This was sort of a re-run of an earlier bill (“handgun ammunition registration”) that Gov. Schwarzenegger signed into law. That statute was successfully challenged in court as unconstitutionally vague. The case is on appeal. DeLeon’s revived bill required registration of specified calibers but also contained vague language regarding “handgun ammunition.” In vetoing the bill for now, the governor said, “Let’s keep our powder dry on amendments until the court case runs its course”.
Photo of Gov. Jerry Brown by Phil Konstantin.
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