California’s gun ban in most public places has been blocked again

Legal back and forth

The case centers on Senate Bill 2, a state law that imposes several restrictions on gun ownership, most notably a ban on firearms in a long list of public places.

Since the ban was introduced, there has been much debate about whether the law, which came into effect on January 1, could be enforced. After concealed carry permit holders and other gun rights organizations sued the state, arguing the law was unconstitutional, Judge Cormac J. Carney of the US District Court for the Central District of California blocked enforcement of the law on December 20.

Judge Carney said at the time that the ban would unconstitutionally “deprive” citizens of their right to bear arms. He issued a preliminary injunction on the law, saying it “violated the Second Amendment and openly contradicted the Supreme Court.”

Last weekend, on December 30, a panel of judges at the U.S. Court of Appeals for the Ninth Circuit stayed the order, clearing the way for the law to take effect. But on Saturday, another group of Ninth Circuit judges vacated that ruling, reinstating the lower court’s order.

Background information about the law

California Governor Gavin Newsom, Democrat, signed Senate Bill 2 into law shortly after it was introduced in September.

According to the law, weapons are prohibited in public places, which are divided into 26 categories with different locations, including playgrounds, public transport, stadiums, amusement parks and museums.

Additionally, the law prohibits people from carrying firearms on the property of private businesses unless there are clear signs indicating that guns are allowed. It also sets the minimum age for obtaining a gun permit at 21 and adds more requirements for gun safety training to receive a new permit.

Mr. Newsom had applauded the earlier appellate court ruling that made Senate Bill 2 go into effect, saying it would “allow our common-sense gun laws to remain in effect while we appeal the district court’s dangerous ruling.” ”

The bill was part of a wave of gun control legislation that occurred after the U.S. Supreme Court ruled in New York State Rifle and Pistol Association v. Bruen striking down a New York law restricting the carrying of guns outside homes had limited. The Supreme Court dramatically changed the standard for restrictions on firearms with that decision, handed down in 2022.

Several states have since attempted to restrict the carrying of firearms. For example, New York has passed a law to prevent people from carrying weapons in “sensitive locations” such as Times Square, sports venues and places of worship, as well as on public transportation. The law has caused confusion and led to numerous lawsuits.

What’s next

Litigation over the constitutionality of California’s ban will continue, with arguments scheduled for April.

Supporters of the law argue it is constitutional and will keep Californians safe. California Attorney General Rob Bonta, a Democrat, has argued that “more guns in more sensitive places makes the public less safe.”

But critics say the ban is too broad and applies in too many places across the state. “For decades, people with permits to carry guns in public have been able to go to all of these places,” CD Michel, general counsel for the California Rifle & Pistol Association, said after the appeals court ruling in December.