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For decades, the practice known as “open carry” has been legal in California. This practice allows the ‘open’ or unconcealed carry of an unloaded firearm. While seldom practiced in many urban areas, it nevertheless has cropped up from time to time and is used by some on a regular basis. In late 2009, this practice started to become more widespread and gained popular media attention.

On February 17th, 2010 Lori Saldana introduced Assembly Bill (AB) 1934, which proposed to alter the current Penal Code (PC) 12050 that related to carrying a firearm. While the code currently allowed the carrying of an unloaded, unconcealed (“open”) firearm, AB 1934 would turn open carry into a crime.

Over the following months, the bill was passed by committees, amended several times and made its way to the Assembly floor in June 2010. It passed, leaving only the Senate vote (and avoiding an unlikely governor’s veto) before it became law.

From the Assembly to the Senate, AB 1934 was again amended, reviewed by another committee and finally reached the Senate floor. Just days away from the Constitutional end of the voting calendar (11:59pm, August 31st), the Senate ignored the bill until August 30th. That day, after taking the vote no less than seven times, a final vote of 20-16 in favor of was reached. Despite Senator Ducheny changing her vote from No to Aye that day, AB 1934 was not able to pass.

Not to be outdone, the Senate unanimously voted for reconsideration on the bill, which gave it one more chance at a vote the next day. During this time, several Senators that had not yet voted made up their minds and the stage was set for the final day of voting.

August 31st, the last day of voting for the State Assembly and Senate saw a vast number of bills. AB 1934 came up for vote numerous times and at 10:15 PM, not 2 hours from the end, Senator Yee came up with the necessary vote to pass the ban on open carry.

Then, to those watching, a strange thing happened.

Despite AB 1934 having passed the committees, passed the Assembly and passed the Senate, the bill itself had not yet passed! You see, after passing the Assembly the Senate amended it several more times; amendments which also needed to be passed by the Assembly. They had effectively passed two separate bills, neither of which could pass without the other side voting!

And so in the final hours of the vote, over in the Assembly, debate ruled the floor. At 10:50pm, AB 1934 was presented as Lori Saldana tried to fulfill the necessary procedures in order to pass it.

However, many Assemblymembers were unwilling to end the debate on the open carry ban and soon it seemed that midnight might be reached without a vote ever taking place!

Saldana refused to suspend the debate (and the vote) until later. Eventually, with pressure from other Assemblymembers, she agreed that they would vote on it later that night and allow the six or seven other bills in line a chance to be voted on.

Unfortunately for Saldana and fortunately for open carry fans, that time never arrived.

AB 1934 failed to pass and will not become law; this is the story of how it almost did.