On Saturday, a federal appeals court took a step toward allowing a California law that restricts carrying guns in most public spaces to be implemented in 2024, putting on hold a previous judge's ruling that deemed the law unconstitutional. The 9th US Circuit Court of Appeals temporarily suspended a December 20 injunction issued by a judge who found that the state's Democratic-led law violated citizens' Second Amendment rights to keep and bear arms under the US Constitution. This three-judge panel issued an administrative stay, temporarily halting the injunction until a different 9th Circuit panel could decide whether to further pause the lower-court judge's order during the ongoing litigation.
Governor Gavin Newsom of California, a Democrat, expressed relief at the ruling, emphasizing that it allows the state's gun control laws to remain in effect while they appeal the district court's decision. The law, scheduled to go into effect on Monday after Newsom signed it into law in September, was enacted following a significant June 2022 ruling by the US Supreme Court that expanded gun rights nationwide. In that case, the conservative-majority Supreme Court overturned New York's stringent gun permit regulations, affirming that the Second Amendment protects an individual's right to carry a handgun in public for self-defense. This decision also introduced a new test for evaluating the constitutionality of gun laws, emphasizing their alignment with the nation's historical tradition of firearm regulation.
California, known for having stringent gun control laws, reacted to the Supreme Court's decision by revamping its firearm regulations. The new law, Senate Bill 2, prohibits carrying concealed guns in 26 designated "sensitive places," including hospitals, playgrounds, stadiums, zoos, and places of worship, irrespective of concealed carry permits. Moreover, the law restricts concealed guns in privately owned commercial establishments open to the public, unless the business operator explicitly allows license holders to carry guns on their premises.
A group of concealed carry permit holders and gun rights organizations, including the Firearms Policy Coalition, Second Amendment Foundation, and Gun Owners of America, filed a lawsuit arguing the law's unconstitutionality. US District Judge Cormac Carney issued an injunction on December 20, blocking the law, stating that it virtually eliminated the Second Amendment rights of law-abiding citizens to carry arms for self-defense in public. California Attorney General Rob Bonta urged the 9th Circuit to suspend the injunction, highlighting the heightened risk of gun violence if the law remained blocked.
Similar laws in other states have faced legal challenges. On December 8, a federal appeals court ruled that New York could prohibit gun owners from carrying weapons in various "sensitive locations," such as parks, zoos, bars, and theaters. The Firearms Policy Coalition noted that unless the 9th Circuit acts again before Monday and lifts the stay, the law will take effect, anticipating a ruling in the coming hours, days, or weeks.
