USALife.info / NEWS / 2024 / 01 / 07 / CALIFORNIA'S BAN ON FIREARMS IN PUBLIC PLACES BLOCKED AGAIN, DEEMED UNCONSTITUTIONAL
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California's Ban on Firearms in Public Places Blocked Again, Deemed Unconstitutional

14:34 07.01.2024

In a recent development, a federal appeals court has once again put a hold on a new California gun law that bans the concealed carry of firearms in certain public places. The law, known as Senate Bill 2, was signed by California Governor Gavin Newsom and was set to take effect on January 1. However, U.S. District Judge Cormac Carney issued an injunction last month, deeming the law unconstitutional and "repugnant to the Second Amendment." This injunction was temporarily halted by a three-judge panel, which determined that more time was needed to consider the arguments from both sides. However, a 9th Circuit panel dissolved this pause on Saturday, effectively reinstating Carney's original blocking of the law.

The law, part of a series of gun control measures signed by Governor Newsom in September, prohibits the concealed carry of firearms in "sensitive places" such as places of worship, public libraries, amusement parks, zoos, and sporting events. It applies to individuals who have licenses to carry concealed weapons. The decision to enact this law was prompted by a series of shootings across the country that resulted in the deaths of at least 104 people in just 72 hours prior to the signing.

Judge Carney's original order blocking the law cited a recent landmark Supreme Court decision, New York State Rifle & Pistol Association v. Bruen, to justify his decision. This decision changed the framework for reviewing gun regulations and stated that modern-day laws restricting gun ownership are only constitutional if consistent with the nation's "historical tradition." Carney argued that the state had not provided a sufficient "historical analogue" to similar laws banning weapons in places like zoos, museums, libraries, and hospitals.

California Attorney General Rob Bonta, in response to Carney's ruling, argued that Senate Bill 2 does adhere to the guidelines set by the Supreme Court in Bruen. He stated that allowing the ruling to stand would endanger communities by allowing guns in places where families and children gather.

Governor Newsom's office expressed disappointment with the court's decision, stating that it puts the lives of Californians at risk. They vowed to continue working to defend the state's progress on gun safety. The California Pistol and Rifle Association, which challenged the law, argued that it would prevent law-abiding citizens with concealed carry permits from being able to defend themselves. They praised the court's ruling as a victory against the government's attempt to circumvent the Second Amendment.

This ongoing legal battle highlights the contentious issue of gun control in the United States. While some argue for stricter regulations to ensure public safety, others believe that these laws infringe upon their constitutional rights. The arguments presented by both sides will be further considered in April when the court hears the case in detail.

/ Sunday, January 7, 2024, 2:34 PM /

themes:  Shooting  California  New York (state)

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