Federal Appeals Court Halts California's Gun Ban in Public Places Pending Further Review
In a recent development, the 9th U.S. Circuit Court of Appeals has granted a temporary stay, allowing a judge's ruling that barred California from enforcing a new law restricting the carrying of guns in most public places to take effect. The court determined that the law was potentially unconstitutional, violating citizens' rights under the Second Amendment of the U.S. Constitution.
Last week, a different panel of judges from the 9th Circuit had suspended an injunction issued by a judge who found the Democratic-led state's law to be in violation of the Second Amendment. The initial order temporarily stayed the injunction and allowed the law to be enforced starting January 1. However, gun rights groups swiftly sought a reconsideration, leading to the latest decision to dissolve the order suspending the injunction.
C.D. Michel, a lawyer representing the gun rights groups, remarked, "So the politicians' ploy to get around the Second Amendment has been stopped for now."
California's appeal of the injunction is now scheduled to be heard in April. The state's attorney general had argued in court papers that blocking the law would result in "tens of millions of Californians [facing] a heightened risk of gun violence."
Daniel Villaseñor, a spokesperson for Democratic Governor Gavin Newsom, expressed concern, stating, "This dangerous decision puts the lives of Californians on the line."
The contested law was enacted in response to a landmark ruling by the conservative-majority U.S. Supreme Court in June 2022. The decision, New York State Rifle & Pistol Association v Bruen, expanded gun rights nationwide by striking down New York's strict gun permit regime. The Supreme Court held that the Second Amendment protects an individual's right to carry a handgun in public for self-defense.
California, among a group of states with similar laws as New York, moved to revamp its firearms regulations following the Supreme Court's decision. The state's new law, Senate Bill 2, prohibited the carrying of concealed guns in 26 categories of "sensitive places," including hospitals, playgrounds, stadiums, zoos, and places of worship. The law also restricted concealed guns in privately-owned commercial establishments open to the public, unless the business operator explicitly permitted it.
U.S. District Judge Cormac Carney, appointed by Republican former President George W. Bush, had sided with permit holders and various advocacy groups on December 20, deeming the law in violation of the Second Amendment. The legal battle is poised to continue as California pursues its appeal in April, with the future of the gun restrictions hanging in the balance.
