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Does the AB 1192 Measure Violate Equal Protection Rights?

An important piece of news comes for reserve officers in retirement across California as Governor Jerry Brown signed a bill that allows them to keep so-called “large capacity” magazines. These magazines are not allowed to be in civilian ownership, but from Monday when the bill was signed into law, the retired officers will be allowed to keep them.

Tom Lackey

Tom Lackey, an assemblyman of the Republic Party from Palmdale, was the one that sponsored the bill. He is a State Highway Patrol veteran with 28 years of service behind him. The AB 1192 measure didn’t have any problems with passing the legislature last month as is passed by large margins. Once everything had arrived at Governor Brown, he decided to sign without making any comments about the decision.

If a detachable magazine holds over 10 rounds, the law of California banned civilians from owning them. The grandfathered magazines that can hold over 10 rounds were also included in the ban in July 2017, which soon lead to the gun rights groups filing a lawsuit. Up to Lackey’s suggestion, only retired peace officers were exempted from this law.

However, the newest change will also include volunteer and part-time police officers and deputies among the ones that are allowed to carry large capacity detachable magazines. The law recognizes them as “reserve peace officers – level I” and the crucial thing to mention is that they need to have no less than 10 years of experience. The biggest Californian reserve force is in the Police Department of Los Angeles and, in this city, the officers are required to contribute 16 hours on a monthly basis and take 400 hours of training held in classrooms. In addition to that, there are monthly meetings that they cannot miss. California has approximately 6,200 reserve officers employed across 600 agencies of law enforcement.

Police offer line

The Association of Reserve Peace Officers in California, which is known to have admirable political influence, was the one who endorsed the bill. It is interesting to note that the Republican proposed the bill, but the Democrats, which are known to oppose to guns, have passed it. According to Brandon Combs, that just shows the true depths of the “Sacramento swamp.” This member of the Firearms Policy Coalition emphasizes that AB1192 still doesn’t allow civilians to hold large capacity magazines despite the fact that they abide the law, but the chosen few are now given extra rights by this bill.

Furthermore, you can hear concerns that his new measure violates both federal and state constitutions because it hampers the right to equal protection. In addition to that, the voters approved laws related to gun control in 2016, but this bill might mean making illegal changes to it.

The question that arises from passing this bill is why anyone would make a difference between gun owners that respect Californian laws and employees of the government that are retired. It surpasses the question whether the measure is in accordance with the constitution, but raises concern that there are people that are more privileged than those who pay their taxes regularly. According to Combs, this AB 1192 sends a message to all the people of California that they should work for the government if they want to truly get their Second Amendment rights. He concludes that this is an awful bill that creates a gap between two groups and putting one of them into an obviously less-privileged position.

References:

www.guns.com/2018/07/12/new-law-exempts-retired-reserve-officers-from-california-magazine-ban

 

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