SB 53 (Portantino) – Request For Veto

September 3, 2024 –

Dear Governor Newsom:

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

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 and yet the California Legislature continues to stiff arm rulings they find disagreeable.  Although end-of-session amendments reduced the penalties established in the original bill, SB 53 still presents significant problems for lawful individuals seeking to protect their home and families.  That said, I 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.  I therefore respectfully request your veto of SB 53.

Respectfully,

Sam Paredes, Executive Director