US District Judge Cormac J. Carney issued a preliminary injunction on Wednesday, temporarily blocking a California law that restricts concealed carry permit holders from carrying firearms in most public places. The case is pending in the US District Court for the Central District of California.
Judge Carney held that the California law violates the Second Amendment of the US Constitution. The determination was based on a two-part test from the US Supreme Court’s previous decision in New York State Rifle and Pistol Association v. Bruen. This test, applicable to all gun control legislations in the US, initially examines if the US Constitution’s Second Amendment’s plain text provides for state gun regulation. If the first condition is met, the test then investigates whether the regulation aligns with the nation’s historical tradition of firearm regulation. In this case, Carney indicated that the Second Amendment covers the California law but found the taking away of firearms that the law proposes is inconsistent with historical traditions. Accordingly, Carney concluded that the plaintiffs would likely succeed with their claim.
In September, California Governor Gavin Newsom had signed SB 2 alongside over 20 other bills aiming to regulate the use of firearms in the state. SB 2 specifically limits public places where concealed carry permit holders could carry their handguns for self-defense. It designates 26 “sensitive places” where concealed carry is not allowed. Carney ruled that SB 2 “effectively abolishes” the Second Amendment rights of these permit holders, who he described as “among the most responsible, reliable law-abiding citizens.”
The preliminary injunction prevents the law from being enforced in most public places like hospitals, nursing homes, medical offices, urgent care facilities, public transportation, establishments selling intoxicating liquor for on-site consumption, public gatherings, playgrounds, parks, casinos, stadiums, public libraries, zoos, museums, places of worship and financial institutions. However, it does not apply to all of SB 2’s sensitive places. Locations still subjected to the law include properties under the control of preschool or childcare facilities, buildings designated for court proceedings, state and local government buildings and correctional institutions.
This is not the first legal dispute concerning California’s gun laws. In October, a federal judge deemed California’s assault weapon ban unconstitutional. Additionally, in September, the US Court of Appeals for the Ninth Circuit temporarily blocked a California law banning firearm advertising that could potentially appeal to minors.