A federal appeals court decided on Saturday that a lower court’s objection to the prohibition should remain, meaning that California would once more be prohibited from enforcing its ban on guns in most public areas.
Legal Reverse Arbitration
The dispute revolves around Senate Bill 2, a state statute that lays limitations on gun ownership, chief among them being a prohibition on carrying a weapon in a number of public areas.
The question of whether the law, which went into effect on January 1, could be enforced has been debated a lot since the ban was passed. Judge Cormac J. Carney of the U.S. District Court for the Central District of California suspended execution of the law on December 20 after gun rights activists and holders of concealed carry permits sued the state, claiming the measure was unconstitutional.
The U.S. Court of Appeals for the Ninth Circuit panel of judges only this weekend, on December 30, placed the injunction on hold, allowing the law to go into force. However, a new panel of Ninth Circuit justices overturned that decision on Saturday, restoring the injunction issued by the lower court.
History of the Law
Senate Bill 2 was introduced in September and was soon after signed into law by Democratic Governor of California Gavin Newsom.
Guns are prohibited by law in 26 different categories of public spaces, which include playgrounds, museums, amusement parks, stadiums, and public transit.
In addition, unless there is obvious notice stating that guns are permitted, it is illegal for persons to carry firearms on the property of private enterprises. Additionally, it increases the criteria for firearms safety training in order to obtain a new license and sets the minimum age to obtain one at 21.
Following the U.S. Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen to overturn a New York statute that severely restricted the carrying of firearms outside of houses, a flurry of gun control legislation was passed, including the measure in question. With the 2022 ruling, the Supreme Court significantly changed the bar for gun control laws.
Since then, a number of states have attempted to impose restrictions on gun ownership. For example, a law prohibiting the carrying of firearms in “sensitive locations” including Times Square, sporting arenas, places of worship, and public transportation was approved in New York. Numerous litigation and uncertainty have resulted from the law.
Next Steps For New California Gun Law
Arguments in the ongoing legal battle over California’s ban’s constitutionality are scheduled for April.
The law’s supporters contend that it is lawful and will protect Californians. Rob Bonta, the Democratic attorney general of California, has maintained that “more guns in more sensitive places makes the public less safe.”
However, some argue that the restriction is too wide and applies to too many areas of the state. Following the December decision by the appeals court, C.D. Michel, general counsel for the California Rifle & Pistol Association, stated, “For decades, people with a license to carry in public have been able to carry in all of these places.”
