1996-039-Urging The California State Senate, And In Particular The Senate Criminal Procedure Committee, To Oppose AB 638RESOLUTION 1996 -39
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS URGING
THE CALIFORNIA STATE SENATE, AND IN PARTICULAR THE SENATE CRIMINAL
PROCEDURE COMMITTEE, TO OPPOSE AB 638 (MANDATORY ISSUANCE OF
CONCEALED WEAPONS PERMITS)
WHEREAS, more Californians die from gun -shot wounds than in car crashes, and in
1995, Californians purchased an average of nearly 700 handguns daily.
WHEREAS, the percentage of homicides committed with guns increased nationwide from
1985 to 1992, while other homicides decreased.
WHEREAS, on January 31 the State Assembly passed AB 638, which would dramatically
liberalize California's carrying concealed weapons (CCW) law by virtually eliminating the
discretion of local law enforcement officials to deny CCW permits.
WHEREAS, AB 638 would require law enforcement officials to grant concealed weapons
permits to any adult Californian who has not yet been convicted of a serious crime, is not a
member of a street gang, is not a domestic violence offender and has passed a test. Persons with
long criminal records, but no serious criminal convictions, would still be eligible for CCW
permits. Persons with serious substance abuse problems, including persons convicted of driving
under the influence of alcohol or other drugs would be eligible for concealed weapons permits.
WHEREAS, AB 638 would allow persons with severe mental illness to obtain concealed
weapons permits. Even those who have been institutionalized would be eligible unless adjudicated
by a court to be "a danger to others ... or a mentally disordered sex offender."
WHEREAS, AB 638 repeals the provision in current law which grants local jurisdictions
the authority to place "reasonable restrictions or conditions" on carrying permits. AB 638 would
prohibit local communities from excluding firearms from parks and public buildings.
WHEREAS, in States which have passed NRA- backed CCW bills, such as Texas, cities
and private facilities, such as stores, which have sought to exclude concealed weapons for safety
reasons, have been sued under state law.
WHEREAS, AB 638 is opposed by the California Police Chiefs' Association, the
California Sheriffs' Association, Attorney General Dan Lungren, the California District
Attorneys' Association, the California Peace Officers' Association, and the League of California
Cities.
WHEREAS, AB 638 must now be approved by the California Senate Committee on
Criminal Procedure and the full State Senate.
THEREFORE, BE IT RESOLVED: The Town Council of the Town of Los Gatos
strongly urges the California State Senate, and in particular the Senate Criminal Procedure
Committee, to defeat AB 638.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 1st day of April, 1996 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin,
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
CLERK OF THE TOWN OF S GATOS
LOS GATOS, CALIFORNIA