Appeals court allows California to bar guns in most public places, starting 2024
Published: 05:12 PM,Dec 31,2023 | EDITED : 09:12 PM,Dec 31,2023
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LOS ANGELES: A federal appeals court cleared the way for a California law that bans the carrying of guns in most public places to take effect at the start of 2024, as the panel put on hold a judge’s ruling declaring the measure unconstitutional.
The 9th US Circuit Court of Appeals suspended a December 20 injunction issued by a judge who concluded the Democratic-led state’s law violated the right of citizens to keep and bear arms under the US Constitution’s Second Amendment.
The three-judge panel issued an administrative stay that temporarily put the injunction on hold until a different 9th Circuit panel could consider pausing the lower-court judge’s order for even longer while the litigation plays out.
“This ruling will allow California’s common-sense gun laws to remain in place while we appeal the district court’s dangerous ruling,” California Governor Gavin Newsom, a Democrat, said in a statement.
The measure, which is set to take effect on Monday after Newsom signed it into law in September, was enacted after a landmark ruling in June 2022 by the conservative-majority US Supreme Court that expanded gun rights nationwide.
The Supreme Court in that case struck down New York’s strict gun permit regime and declared for the first time that the right to keep and bear arms under the Second Amendment protects a person’s right to carry a handgun in public for self-defence.
The ruling, New York State Rifle & Pistol Association v Bruen, also set out a new test to assess the constitutionality of gun laws by holding they must be “consistent with the nation’s historical tradition of firearm regulation.”
California, which has some of the strictest gun control laws in the United States, was among a group of states with similar laws as New York, and following the US Supreme Court’s decision moved to revamp its firearms regulations.
Under California’s new law, people could not carry concealed guns in 26 categories of “sensitive places” including hospitals, playgrounds, stadiums, zoos and places of worship, regardless of whether they had permits to carry concealed weapons.
The law, Senate Bill 2, also barred people from having concealed guns at privately owned commercial establishments that are open to the public. — Reuters
The 9th US Circuit Court of Appeals suspended a December 20 injunction issued by a judge who concluded the Democratic-led state’s law violated the right of citizens to keep and bear arms under the US Constitution’s Second Amendment.
The three-judge panel issued an administrative stay that temporarily put the injunction on hold until a different 9th Circuit panel could consider pausing the lower-court judge’s order for even longer while the litigation plays out.
“This ruling will allow California’s common-sense gun laws to remain in place while we appeal the district court’s dangerous ruling,” California Governor Gavin Newsom, a Democrat, said in a statement.
The measure, which is set to take effect on Monday after Newsom signed it into law in September, was enacted after a landmark ruling in June 2022 by the conservative-majority US Supreme Court that expanded gun rights nationwide.
The Supreme Court in that case struck down New York’s strict gun permit regime and declared for the first time that the right to keep and bear arms under the Second Amendment protects a person’s right to carry a handgun in public for self-defence.
The ruling, New York State Rifle & Pistol Association v Bruen, also set out a new test to assess the constitutionality of gun laws by holding they must be “consistent with the nation’s historical tradition of firearm regulation.”
California, which has some of the strictest gun control laws in the United States, was among a group of states with similar laws as New York, and following the US Supreme Court’s decision moved to revamp its firearms regulations.
Under California’s new law, people could not carry concealed guns in 26 categories of “sensitive places” including hospitals, playgrounds, stadiums, zoos and places of worship, regardless of whether they had permits to carry concealed weapons.
The law, Senate Bill 2, also barred people from having concealed guns at privately owned commercial establishments that are open to the public. — Reuters