Gray Davis' Cop-Killing Gun Law

RichardPoe.com ^ | October 8, 2003 | Richard Poe

[Richard Poe]

GRAY DAVIS is gone. But his destructive legacy lives on.

In the final weeks before his ouster, Davis used what dwindling power he had to hamstring California’s legal and political system for years to come. He made over 260 last-minute judicial and state commission appointments. Davis also quietly signed into law one of the most far-reaching handgun bans in the nation on September 24 – a law which threatens to send many California police officers to their graves.

Police and sheriffs all over the state pleaded with Governor Davis not to sign SB 489. But he ignored them. The law exemplifies a new trend in anti-gun activism: cop disarmament – a movement which seeks to limit the gun rights of police officers as well as civilians.

Democrats are the worst offenders, as usual. But the cop disarmament movement spans both major parties. New York City’s Republican mayor Michael Bloomberg, for instance, wants to bar off-duty and former cops from carrying weapons in City Hall. Perhaps His Honor fears that one of New York’s finest might try to shoot him. "I don't know why people carry guns," Bloomberg famously confessed. "Guns kill people..."

"Unfortunately, Mayor Bloomberg's reaction is not unusual," writes John Lott, Jr., author of The Bias Against Guns in the National Review Online. "Legislation to let off-duty and retired police carry guns with them when they travel across state lines is being held up in Congress by a threatened Senate Democratic filibuster. Sen. Ted Kennedy, (D., Mass.), who is leading the threatened filibuster claims that the measure would `do great damage to the effort of state and local governments to protect their citizens from gun violence.' "

Anti-gun activist Sarah Brady also opposes the bill, whose Senate designation is S253. "[I]t will… jeopardize public safety," she says

"What is next?" asks Lott. "Banning guns carried by on-duty officers?"

Now California’s lame-duck governor has dealt another blow to police officers’ gun rights. His new law, SB 489 requires all newly-designed, semi-automatic handguns sold in California to be equipped with two so-called "safety devices" by 2007.

The first device is a chamber load indicator, which shows whether or not a round is loaded in the firing chamber. The second is a magazine disconnect device which prevents the gun from firing once the magazine is removed.

Gun prohibitionists are delighted.

"We are so tired and sickened at heart to hear about all the children who die from guns every day, day after day," said Jane Roth, president of the Million Mom March's California State Council.

"This new law will prevent deaths all across the country," gushed Eric Gorovitz, Policy Director for the Coalition to Stop Gun Violence, in a September 24 press release.

In reality, SB 489 seems poorly designed to save any lives at all. Properly trained shooters always assume that the chamber is loaded and treat their guns accordingly, with or without a mechanical indicator. Careless or irresponsible shooters are another story. Chamber load indicators may cause such people to become even more reckless than they already are. A malfunctioning indicator could lull careless shooters into assuming that the chamber is empty when it is not.

The "magazine disconnect" device offers more serious dangers.

"The law enforcement community expressly rejects the `magazine disconnect’ feature, as it seeks to disable the firearm during a magazine change, a potentially life-threatening result for an officer in a shoot-out," states a press release from the Law Enforcement Alliance of America (LEAA), a national anti-crime organization of law enforcement professionals, crime victims and concerned citizens.

Davis’ bill exempts cops from mandatory use of the new "safety" features. However, even this exemption creates new dangers for police.

"Governor Davis’ bill… exposes California law enforcement and taxpayers to additional liability risk," says the September 25 LEAA press release. "The law officially defines guns lacking these features as `unsafe guns.’ As a result, nearly every single handgun used by California law enforcement officers will be officially defined as an `unsafe handgun,’ a notion certain to be exploited in lawsuits involving police use of firearms."

In short, California sheriffs and police chiefs must now choose between issuing mechanically unreliable guns to their officers, or guns deemed legally "unsafe." Either way, officers on the street will be forced to think twice before pulling the trigger – a hesitation that could well prove fatal in a shoot-out.

Anti-gun activists used to tell citizens to leave police work to the police. Now even cops must fight to retain what is left of their gun rights. _____________________________________

Richard Poe is a New-York-Times bestselling author and cyberjournalist. His book The Seven Myths of Gun Control was just released in paperback. Poe’s forthcoming book, The New Underground: How Conservatives Conquered the Internet will be available soon.

[45Auto]

The law is totally idiotic, but its just one more step to the eventual banning of all guns not deemed by government to be "safe". But that's just what the morons in the Cal Legislature thought when they passed the equally stupid "gun drop test". Over 90% of the guns submitted to that little tax boondoggle passed and are now deemed "safe" by the Cal DOJ.

I predict that nearly all major gun manufacturers will adopt and engineer such features into their product lines soon, anyway. We live in a world dominated by lawyers and liability. The M2 Mauser, the Bersa .380 Thunderer, and even the Browning Hi-Power already have these features, although the Hi-power can be altered. I figure even the venerable Model of 1911 can be modified. The Springfield 1911A1 already has a new barrel with a loaded chamber viewing port cut into the top of the barrel hood. These barrels are a lot better quality then those used by Springfield only five years ago. Springfield also has a new key-operated hammer/trigger locking mechanism built into the mainspring housing. That little goody can be replaced in about five minutes of less with any one of a dozen or so after market units.

[Ajnin]

Hear Hear! screw the cops, they aint nothing but people who chose a different career path, let them see how it feels!

The cops that would be affected are those that are pro second amendment. Those cops that are against gun ownership could care less and many would love to give up their firearm so they wouldn't have to drag it around the street with them.

[Ruy Dias de Bivar]

Mauser .32 automatic. Illegal to import (too small) and no longer made.

[CodeMonkey]

If the people can't own it, by God the police shouldn't be able to either.

[hoosierham]

And vice cersa !

[PLMerite]

"Police officers should not get special rights."

Concur. They can carry when I can carry.

[Mrs Zip]

ping

[neverdem]

Keep up the good work. I find I usually learn something when I read your work.

Unfortunately, Davis isn't completely ousted yet. He's still in office and can do more damage until Arnold is sworn into office.

[neverdem]

"Sue the gun control crowd for every person hurt who could not defend themselves because they took away their constitutional right to bear arms. Bankrupt these organizations whether they are private or public entities. If they win, America goes to the first despot to gain control of the police and army. Then they will follow the bloody path of history’s infamous tyrants. Before we go that rout we need to build and refine a litigation machine to eat those B@st@rds up in court."

Unfortunately, I believe the gun control nuts can't be sued for exercising their free speech to advocate gun control.

And you can't sue the gov't for unconstitutional laws. The only things you can do is vote, volunteer on behalf of 2nd Amendment organizations and politicians who believe in the RKBA as well as donate money accordingly.

[archy]

The Luger had a 'loaded' indicator a hundred years ago; I don't know if it had a magazine disconnector but it was a pretty common design feature on pistols meant for cavalry use. As I recall, the thinking was that it made it harder to accidentally shoot your horse while changing magazines at the gallop.

No magazine *disconnector* [technically, in *interrupter*] on the Pistole model.08 Parabellum design from Georg Luger. But not only was the magazine disconnector meant for ground-force soldiers and police rather than cavalry or mounted Infantry, there was an early concern that the magizine-fed selfloading pistol was itself unsuitable for horse-mounted troops for fear that the magazinen could fall and be lost while reloading, turning the piece into a less useful single shot weapon. It was certainly not a positive feature that the inclusion of a magazine *safety* would further render the weapon absolutely useless.

Accordingly, early weapons and their magazines meant to be used from horseback were frequently found with lanyard loops on both pistol and magazine, and the practice of issuing a couple of spares *just in case* became common. Too, the stripper-clip fed C96 Mauser *broomhandle* remained in service longer with the Cavalty arm than in other issuing services and branches, despite its considerable bulk and weight- actually an asset aboard horseback. Even a young horse trooper named Winston Churchill obtained one of the big Mausers when he was a junior cavalry officer with the 21st Lancers, having damaged his arm to the point he couldn't use his saber. His account of using his C96 remains the first written account of the use of a semiauto pistol in a fight, more than a full century ago.

And one rode with me to work this morning, though I was not on horseback. A particular set of circumstances combined to make the big Mauser as useful for me today as it was for young Leftenant Churchill back then. I don't suppose I'll be taking it to California with me in the near future.

-archy-/-

[LoneRangerMassachusetts]

Unfortunately, I believe the gun control nuts can't be sued for exercising their free speech to advocate gun control.

I grew up thinking smoking was an individual choice and responsiblity, so the tobacco companies were above responsibility.

I grew up thinking the safe use of guns were a personal responsibiliy.

I grew up thinking what you ate was a personal responsibility.

The socialists activists and socialists embedded in the judicial system have talked stupid juries into thinking otherwise.

If you want to undo the gains the socialists have made in the judical process you have to fight them on that battleground. Small numbners of these socialists have managed to sieze the process. You can vote all you want for the NRA but if you ignor the means the socialists are taking over, you are doomed.

[donmeaker]

Suprise! smith and wessons have the magazine disconnect. Most of the loaded chamber indicators are also the extractor, on the outside of the slide, so they poke out if the chamber is loaded. of course this make them more susceptible to breakage.

Silly me, I was taught that "guns were always loaded".

If I ever get in a tussle with a goblin, one thing to try is to drop his magazine. The other thing to try is to put the web of your thumb beneath the hammer. (your thumb, not mine, that would hurt!)

[El Gato]

Unfortunately, I believe the gun control nuts can't be sued for exercising their free speech to advocate gun control.

I believe he was speaking of those who *pass* unconstitutional gun control laws. Unfortunately, at least under the federal Constitution, and those state constitutions I'm aware of, you can't sue a legislator either for actions taken on the floor of the legislature.

And you can't sue the gov't for unconstitutional laws. The only things you can do is vote, volunteer on behalf of 2nd Amendment organizations and politicians who believe in the RKBA as well as donate money accordingly.

You most certainly can "sue" the government for unconstitutional laws, at least under some conditions. That what was done by the EFF some years ago in connection with the internet decency law (approximate title) and it's also just what the Silveira case is about with regards to the CA AW ban. You're not really sueing, you are asking for an injunction to prevent enforcement of the law and you can only do it if you can show a potential deprivation of rights, or potential arrest. Many times, most of the time with second amendment and tax cases, the courts won't allow it and insist that you break the law and take your chances, but not always. It's what make the Silveira case somewhat unique, non of the petioners are criminals, nor have they been charged with any crime.

[teeman8r]

is this the mauser that was used by the character in john waynes big jake... the youngest son i believe had it... and did han solo carry it in the original star wars...

teeman

[neverdem]

I'm well aware of left wing activists and their fellow travelers taking over the judiciary. I thought you were just referring to bankrupting gun control NGO's like Brady et al. by making them defend themselves in court, i.e. the reverse of their current attempt to bankrupt gun manufacturers with the cost of lawyers, etc.

[Centurion2000]

I predict that nearly all major gun manufacturers will adopt and engineer such features into their product lines soon, anyway.

How do they intend to do this with revolvers ?

[Libertina]

More of the Clinton - Democrat Machine inspired Poison Pills... I pity Arnold. and pray that the good people who elected him will fight WITH HIM to undo this intentional Gray-Rat damage.

[45Auto]

Revolvers are exempt.

[kingu]

How do they intend to do this with revolvers ?

Revolvers aren't sexy enough for consideration at this time, only semi-autos. Though I understand every revolver has a built in magazine disconnect... :)

[coloradan]

I think you ignore a significant number of LEOs who think they should own or carry guns around and we citizens shouldn't. Many FBI and BATFE agents, for example.