California’s latest gun law is set to go into effect when a federal court stayed a December injunction from a judge that correctly interpreted that the legislation was grossly unconstitutional. In short, the law virtually bans carrying firearms in public, a right that the Supreme Court in New York State Rifle & Pistol Association, Inc. v. Bruen guaranteed.
The Bruen decision answered one of the gnawing questions regarding Second Amendment rights concerning carry laws. It paved the way for ‘may issue’ carry law in anti-gun states to be challenged with more legal gusto, for lack of a better term. The issue with California’s new carry restrictions is the criterion for what constitutes “sensitive places.” It’s a soft ban on carrying firearms in public. The new law goes into effect on January 1 (via Reuters):
A federal appeals court on Saturday 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 U.S. Circuit Court of Appeals suspended a Dec. 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 U.S. 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 U.S. Supreme Court that expanded gun rights nationwide.
It’s not a shocking result, given the origin of the law, but the fight to secure and maintain our Second Amendment rights continues. It’s a top target for those on the Left concerning our Bill of Rights. The First Amendment has also become besieged by illiberal silliness over the past decade.
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