USALife.info / NEWS / 2023 / 12 / 30 / CALIFORNIA LAW BARRING GUNS FROM MOST PUBLIC SPACES SET TO GO INTO EFFECT AFTER APPEALS COURT RULING
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California law barring guns from most public spaces set to go into effect after appeals court ruling

21:27 30.12.2023

In a recent development, a federal appeals court has cleared the way for a California law that bans the carrying of guns in most public places. The law, which was set to take effect on January 1, 2024, has been put on hold by the court after a judge ruled it unconstitutional. The 9th U.S. Circuit Court of Appeals suspended the injunction issued by a judge on December 20, stating that the law violated citizens' rights under the Second Amendment of the U.S. Constitution.

This decision comes after a landmark ruling by the conservative-majority U.S. Supreme Court in June 2022, which expanded gun rights nationwide. In the case of New York State Rifle & Pistol Association v Bruen, the Supreme Court struck down New York's strict gun permit regime and declared that the Second Amendment protects a person's right to carry a handgun in public for self-defense. The ruling also introduced a new test to assess the constitutionality of gun laws, stating that they must be "consistent with the nation's historical tradition of firearm regulation."

Following the Supreme Court's decision, California moved to revamp its firearms regulations. The new law, Senate Bill 2, prohibits the carrying of concealed guns in 26 categories of "sensitive places," including hospitals, playgrounds, stadiums, zoos, and places of worship, regardless of whether individuals have permits. Additionally, the law bars people from having concealed guns at privately owned commercial establishments open to the public, unless the business operator posts a sign allowing license holders to carry guns on their property.

However, a group of concealed carry permit holders and gun rights groups, including the Second Amendment Foundation, Gun Owners of America, and the California Rifle & Pistol Association, filed a lawsuit against the new law, arguing that it is unconstitutional. District Judge Cormac Carney agreed with the plaintiffs and blocked the law on December 20, pending the outcome of the case. Carney argued that the law effectively abolishes the Second Amendment rights of law-abiding citizens.

California Attorney General Rob Bonta quickly appealed the injunction and asked the 9th Circuit to put it on hold, stating that leaving the law blocked would increase the risk of gun violence for millions of Californians. The appeals court has now issued an administrative stay, putting the injunction on hold until a different panel of judges from the same circuit can consider whether a longer pause is necessary.

Similar laws in other states have also faced litigation. In a ruling on December 8, a federal appeals court upheld New York's ban on carrying weapons in many "sensitive locations," including parks, zoos, bars, and theaters. The court cited the Supreme Court's ruling in the New York case, stating that gun laws must align with the nation's historical tradition of firearm regulation.

Governor Gavin Newsom signed the California law in September, and it received support from California Democrats who believe it complies with the Supreme Court's ruling in the New York case. Newsom welcomed the appeals court's ruling, stating that it would allow their "common-sense gun laws" to remain in place while they appeal the district court's decision. He emphasized that Californians overwhelmingly support efforts to keep places like hospitals, libraries, and children's playgrounds safe and free from guns.

The California Rifle & Gun Association has yet to comment on the recent developments. This news item has been compiled from various sources, including Reuters and NPR.

/ Saturday, December 30, 2023, 9:27 PM /

themes:  California  New York (state)

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