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The Dumbing Down of the CA Legislature - Miller

William Lolli

Gun News Daily Contributing Editor

 

 

THE DUMBING DOWN OF THE CALIFORNIA LEGISLATURE

 

Martin J. Miller, Jr.

 

It is obvious from the last number of years that California has the dumbest legislature that can spend the second largest economy in the world into oblivion. Whether or not our new governor can exert enough influence or control or reverse these happy profligate dimwits waits to be seen.

As gun owners we have also seen the sheer stupidity of our legislators, or rather the majority of them, plus a mendacious and prevaricating governor in passing restrictive gun laws that do nothing to address the stated reasons for passing such laws. And let's not forget that it is just not the immediate past governor, may he fade into obscurity without even a footnote in the history books. (The ancient Egyptians and others were able to deface and chisel off reminders of discredited former leaders from their stone monuments).

The so-called Safe Handgun Law (SB15) of a few years ago was supposed to protect us from the cheap, unsafe Saturday Night Specials. So, what were some of the first guns to pass the mandated tests? That's right, the SNS's! So what failed to pass? Why the very expensive Olympic Target Pistols and single shot Silhouette Pistols used by a few folks in competition.

Which brings us to the latest stupidity, SB489 of the 2003 session of the California Legislature. This gem has been brought to you by State Senators: Jack Scott, Shelia Kuhl, Don Perata and Gloria Romero and State Assemblypersons: Paul Koretz, Wilma Chan, Lloyd, Levine, John Longville and Alan Lowenthal and as signed by the late unlamented what's his name, the governor.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS

FOLLOWS Section 1: Section 12126 of the Penal Code:.(defines) "unsafe handgun". 4) Commencing January 1, 2006, for a center-fire semiautomatic pistol does not have either a chamber load indicator, or a magazine disconnect mechanism.

(5) Commencing January 1, 2007, for center-fire semiautomatic pistols does not have both a chamber load indicator and if it has a detachable magazine, a magazine disconnect mechanism.

There is a similar magazine disconnect provision for twenty-two rimfire semiautomatic pistols.

(6) (c) As used in this section, a "chamber load indicator" means a device that plainly indicates that a cartridge is in the firing chamber. A device satisfies this definition if it is readily visible, has incorporated or adjacent explanatory test or graphics, or both, and is designed and intended to indicate to a reasonably foreseeable adult user of the pistol, without requiring the user to refer to a user's manual or any other resource other than the pistol itself, whether a cartridge is in the firing chamber.

Where to begin? This language presupposes that an adult without any instruction whatsoever is going to be able to determine that the pistol is loaded or unloaded. Gee, and by golly don't READ the instruction manual!

And for sure, DO NOT inquire from the salesman what all the features are on this stupid pistol. And what language are we going to inscribe this admonition in on the gun? What in bloody hell's name is the universal symbol for a loaded chamber indicator! What governing body will decide what it is? The United Nations, the Department of Commerce or the California Department of Justice?

Well, maybe the later since California also has its own foreign policies. First off, this bit of lunacy contradicts current provisions of the Penal Code where, one, prospective handgun buyers must be certified as having passed a Handgun Safety course or test, be exempt by more comprehensive training, and be personally instructed by a Certified Handgun Safety Instructor on the operation of the handgun he is purchasing.

Second, the fundamental rules of firearms safety, as promulgated by the NRA, numerous firearms training academies, police and military schools and the California Department of Justice's own Handgun Safety Certificate handbook and the earlier Basic Firearms Safety Certificate handbook ALL teach as the first rule that "ALL GUNS ARE ALWAYS LOADED UNTIL THE ACTION

HAS BEEN OPENED AND INSPECTED BY THE PERSON HANDLING

THE FIREARM!"

If you don't know how to check the firearm, then DON"T TOUCH IT! Everyone has seen a "reasonable adult" pickup a gun for the first time. Most stick their finger on the trigger and many will pull the trigger without hesitation.

That's why everyone in the gun owning world stresses EDUCATION and safety training as a MUST. One does not learn brain surgery by picking up a scalpel and bone saw.

Third, most gun safety laws have been predicated upon keeping our children safe. Given the current competence of public education it is unlikely that most children would be able to comprehend what a "chamber load indicator" meant, let alone a "graphic symbol" or some bump on the slide. This also begs the point that gun safety education teaches children to:

DON'T TOUCH, LEAVE THE AREA AND TELL AN ADULT.

Finally we arrive at the "magazine disconnect" issue. So, takeout the magazine and the handgun will not fire. This is more a philosophical training issue than a safety issue. The original purpose seems to have been based upon a person struggling with an assailant, and in danger of loosing control of the pistol, could release the magazine, thus rendering the pistol incapable of being discharged. There are at least two schools of thought on this feature, both having strong positions. However, as a safety feature it has monumental problems. So, we drop the magazine and the handgun will not fire.

Well, only if it is one of the new and improved models. What happens if our reasonable adult removes the magazine and pulls the trigger on an older model handgun assuming that the firearm will not discharge? BOOM! Thus making an ass out of him and putting a hole somewhere that might cause serious damage, injury or death.

Back to Gun Safety 101: ALL GUNS ARE ALWAYS LOADED UNTIL PERSONALLY INSPECTED BY OPENING THE ACTION AND VISUALLY CHECKING THE CHAMBER.

The road to gun safety is through EDUCATION of gun owners, the public and our children. Maybe what we really ought to be doing is sponsoring a bill to require our legislators to be educated. Could we also take away their checkbook? Maybe we could give them a pre-paid, limited, debit card.

 

Editors Note:  Some gun safety advocates state that you should treat every firearm as loaded even if you have personally inspected it.

 

Was it something I said? If this commentary has effected you to respond, you can send your reactions directly to me at

william.lolli@gunnewsdaily.com

 

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