SB 53 (Portantino) – Opposition Letter

March 18, 2024 –

Dear Senator Portantino:

I am writing in strong opposition to your SB 53, which prohibits anyone from keeping a firearm in their home unless it is stored in a Department of Justice approved firearm safety device.

As you are no doubt aware, the 2008 Heller v. Washington DC decision by the U.S. Supreme Court (SCOTUS) made several things abundantly clear:  the 2nd Amendment is an individual right (as opposed to a collective right).  The primary element of the Heller ruling was that the federal government could not require that firearms be stored and locked in a manner where the gun was not immediately accessible.  What’s more, McDonald v. Chicago further ruled that states and local governments cannot require firearms to be similarly locked.

SCOTUS affirmed that “the need for defense of self, family, and property is most acute” in the home and the Second Amendment “elevates above all other interests” the right “to use arms in defense of hearth and home.”

These are clear-cut legal decrees that should be embraced, rather than stiff-armed. GOC has been a consistent supporter of appropriate safety measures when there is a firearm in the home, however restricting access when there is a threat of harm will simply increase the number of crime victims in our state. What’s more, we firmly believe that scourge of criminal misuse of firearms can be solidly addressed without penalizing the lawful for the misdeeds of the unlawful – it will never have its anticipated resolution.

Sincerely,

 

 

Sam Paredes, Executive Director

 

cc:   Public Safety Committee/and Members
Republican Committee Consultant(s)