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Appeals court stays federal ruling, lets Calif. gun control law go into effect

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California’s new gun control law, S.B. 2, signed by Gov. Gavin Newsom in September, took effect on Jan. 1. The law identifies 26 “sensitive places” where carrying firearms is prohibited, even for concealed carry license holders.

Those designated places include parks, zoos, libraries, museums, banks, churches, hospitals, public gatherings, playgrounds, and stadiums, among others.

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S.B. 2 introduces stricter requirements for concealed carry permits, demanding prior firearms training, a minimum age of 21, character references and a background check. Private business owners have the authority to display signs indicating whether guns are permitted on the premises.

“We feel very strongly that these bills meet the Bruen test and they were drafted accordingly,” Newsom said the day he signed S.B. 2. “But I’m not naïve about the recklessness of the federal courts and the ideological agenda.”

Gov. Newsom asserted that the legislation aligns with the Bruen test, which was established in the 2022 Supreme Court’s ruling in New York State Rifle & Pistol Association V. Bruen.

The California Rifle and Pistol Association contested S.B. 2 and sued to block the legislation from taking effect. U.S. District Court Judge Cormac Carney ruled against the law on Dec. 20, deeming it “sweeping, repugnant to the Second Amendment, and defiant of the Supreme Court.”

However, on Dec. 30, the Ninth Circuit Court of Appeals issued a stay on the ruling, allowing S.B. 2 to proceed. Newsom responded, emphasizing the importance of maintaining California’s gun laws during the appeal.

The fate of S.B. 2 rests on the upcoming appeal, but currently, it stands as California law.

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THE NEW YEAR BRINGS A NEW GUN CONTROL LAW TO CALIFORNIA – EVEN AFTER A FEDERAL JUDGE RULED IT UNCONSTITUTIONAL

THE STATE LAW – KNOWN AS “SENATE BILL TWO” –SIGNED  BY CALIFORNIA GOVERNOR GAVIN NEWSOM IN SEPTEMBER – WENT INTO EFFECT JANUARY 1ST.

THE LEGISLATION LISTS 26 “SENSITIVE PLACES” WHERE GUN OWNERS – EVEN THOSE WHO HAVE THEIR CONCEALED CARRY LICENSE – WILL NOT BE ALLOWED TO CARRY A FIREARM.

 SOME OF THOSE SENSITIVE PLACES INCLUDE: PARKS, ZOOS, LIBRARIES, MUSEUMS, BANKS, CHURCHES, HOSPITALS, PUBLIC GATHERINGS, PLAYGROUNDS, AND STADIUMS… JUST TO NAME A FEW.

THE LAW ALSO PUTS NEW REQUIREMENTS IN PLACE FOR THOSE SEEKING A CONCEAL CARRY PERMIT – AS APPLICANTS WOULD NEED PREVIOUS FIREARMS TRAINING, TO BE AT LEAST 21 YEARS OLD, PROVIDE CHARACTER REFERENCES, AND COMPLETE A BACKGROUND CHECK.

PRIVATE BUSINESS OWNERS ARE ALLOWED TO PUT UP SIGNS STATING IF GUNS ARE ALLOWED ON THEIR PROPERTIES.

(GOV. GAVIN NEWSOM / D – CALIFORNIA)

“WE FEEL VERY STRONGLY THAT THESE BILLS MEET THE BRUEN TEST AND THEY WERE DRAFTED ACCORDINGLY. BUT I’M NOT NAÏVE ABOUT THE RECKLESSNESS OF THE FEDERAL COURTS AND THE IDEOLOGICAL AGENDA.”

[LAUREN TAYLOR]

“THE BRUEN TEST” GOVERNOR NEWSOM IS REFERRING TO –

WAS ESTABLISHED IN 2022 WITH THE SUPREME COURT’S RULING IN NEW YORK STATE RIFLE AND PISTOL ASSOCIATION V. BRUEN – IN WHICH JUSTICES DECLARED STATE GUN LAWS MUST BE “CONSISTENT WITH THE NATION’S HISTORICAL TRADITION OF FIREARM REGULATION.”

SHORTLY AFTER NEWSOM SIGNED SB2 –

THE CALIFORNIA RIFLE AND PISTOL ASSOCIATION SUED TO BLOCK THE LAW FROM TAKING EFFECT. 

ON DECEMBER 20TH – U-S DISTRICT COURT JUDGE CORMAC CARNEY RULED AGAINST SB-2 ARGUING THE LAW “IS SWEEPING, REPUGNANT TO THE SECOND AMENDMENT, AND OPENLY DEFIANT OF THE SUPREME COURT.” WRITING THE LAW “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.”

THEN ON DECEMBER 30TH – THE NINTH CIRCUIT COURT OF APPEALS PUT A STAY ON THE RULING  – ALLOWING THE LAW TO GO INTO EFFECT – 

NEWSOM REACTED TO THE APPEALS COURT’S MOVE, SAYING:

“THIS RULING WILL ALLOW CALIFORNIA’S COMMON-SENSE GUN LAWS TO REMAIN IN PLACE WHILE WE APPEAL THE DISTRICT COURT’S DANGEROUS RULING. CALIFORNIANS OVERWHELMINGLY SUPPORT EFFORTS TO ENSURE THAT PLACES LIKE HOSPITALS, LIBRARIES, AND CHILDREN’S PLAYGROUNDS REMAIN SAFE AND FREE FROM GUNS.”

THE RULING AGAINST THE BILL WILL BE HEARD ON APPEAL, BUT FOR NOW – S-B 2 IS THE LAW OF THE LAND IN CALIFORNIA.