Judge Temporarily Blocks California Gun Law
A federal judge has issued a temporary restraining order preventing California from enacting a law that prohibited concealed carry permit holders from carrying firearms in most public areas.
U.S. District Court Judge Cormac Carney of the Central District of California, who was appointed by former President George W. Bush, issued the temporary restraining order on Wednesday, which prevents the unconstitutional law from taking effect on January 1.
“The right to self-defense and to defend one’s family is fundamental and inherent to our very humanity irrespective of any formal codification,” Carney wrote in the ruling.
“For many years, the right to bear arms, and so necessarily the right to self-defense, was relegated to second-class status,” the judge added. “But the United States Supreme Court made clear in its landmark decisions District of Columbia v. Heller, McDonald v. City of Chicago, and New York State Rifle & Pistol Association, Incorporated v. Bruen that relegation could no longer be permitted—individuals must be able to effectuate their right to self-defense by, if they so choose, responsibly bearing arms.”
— Firearms Policy Coalition (@gunpolicy) December 21, 2023
SB2 was signed into law on September 26 by California Gov. Gavin Newsom (D) in response to the massive Second Amendment victory in the U.S. Supreme Court’s New York State Rifle & Pistol Association Inc. v. Bruen decision, which Newsom deemed “a perversion.”
In that 6-3 ruling, the Supreme Court struck down a 1911 law that required concealed carry applicants to demonstrate “good moral character” and “proper cause” — thus forcing anti-Second Amendment states like California to reduce their restrictions on concealed carry permits.
Following this ruling that allowed more Americans to get permits to carry concealed weapons, Newsom enacted SB2, which contained significant restrictions on where permit holders are allowed to carry their firearms.
“SB2’s coverage is sweeping, repugnant to the Second Amendment and openly defiant of the Supreme Court,” Carney wrote in the temporary restraining order.
“The law designates twenty-six categories of places, such as hospitals, public transportation, places that sell liquor for on-site consumption, playgrounds, parks, casinos, stadiums, libraries, amusement parks, zoos, places of worship, and banks, as ‘sensitive places’ where concealed carry permitholders cannot carry their handguns,” the judge added. “SB2 turns nearly every public place in California into a ‘sensitive place,’ effectively abolishing the Second Amendment rights of law-abiding and exceptionally qualified citizens to be armed and to defend themselves in public.”
Good News! Judge Blocks California Law That Bans Carrying Guns in Public Places
On Wednesday, Judge Cormac J. Carney reversed the gun ban along with a scathing statement:
"SB2's [California gun ban's] coverage is sweeping, repugnant to the Second Amendment, and openly defiant… pic.twitter.com/NeeeOIVrDB
— The Vigilant Fox 🦊 (@VigilantFox) December 22, 2023
Newsom has condemned the judge’s ruling, calling it “repugnant” and claiming that allowing law-abiding gun owners the right to self-defense in public spaces puts people in danger.
“Defying common sense, this ruling outrageously calls California’s data-backed gun safety efforts ‘repugnant,’” the Democrat governor wrote in a statement provided to the Daily Caller News Foundation. “What is repugnant is this ruling, which greenlights the proliferation of guns in our hospitals, libraries, and children’s playgrounds — spaces, which should be safe for all.”
“California will keep fighting to defend our laws and to enshrine a Right to Safety in the Constitution,” Newsom’s statement continued. “The lives of our kids depend on it.”