Man carries unloaded rifle to mall, but isn't arrested 

The day after it became illegal in California to openly carry an unloaded handgun in public, a man showed up at a Daly City mall Monday with an unloaded shotgun strapped to his back – and he wasn’t arrested, police said.

A security guard called police after spotting a man with a shotgun outside Serramonte Shopping Center about 9 a.m., before the mall opened for business, Daly City police Sgt. Michael Barton said.

Responding cops located the man, but then released him after determining the shotgun was legally his and unloaded, Daly City police Sgt. Michael Barton said.

On New Year’s Day, a controversial new state law took effect making it illegal to carry an exposed and unloaded handgun in a public place.

But the law applies only to handguns. Unloaded shotguns and rifles can be openly carried. Gun rights activists have sued the state over the new law.

State Sen. Kevin de Leon, D-Los Angeles, defended the law on the Senate floor in September, saying, “This is not the Wild West,” according to news website CalWatchdog.

“This does not infringe on the Second Amendment of the Constitution of the United States, the right to bear arms,” de Leon said. “How discomforting can it be if you walk into a restaurant … and all of a sudden you see someone walking around with a handgun and you can’t discern whether they are a law enforcement agent or undercover, perhaps maybe they are not.”

maldax@sfexaminer.com

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