The U.S. Court of Appeals for the Ninth Circuit has temporarily stayed a preliminary injunction initially enacted by a district court that prevented the enforcement of a California law prohibiting holders of concealed carry permits from bringing firearms into most public spaces. The injunction has been paused while the appeal continues to be resolved. Due to this reprieve by the court, the Californian law is set to take effect in January 2024.
Reacting to the decision of the Ninth Circuit to stay the preliminary injunction, California Governor Gavin Newsom expressed that this ruling “will allow our common-sense gun laws to remain in place while we appeal the district court’s dangerous ruling.”
According to the Governor, the majority of Californians back the efforts to secure locations such as hospitals, libraries, and playgrounds and keep them free from firearms. Earlier, the U.S. District Court for the Central District of California had issued a preliminary injunction hindering the proposed law, SB2, from coming into action by 2024. This law restricts the public places where permit holders can carry their concealed handguns for self-defence.
To support his order, the judge referenced a two-part test to analyze all gun control legislation in the U.S. This test, decreed by the U.S. Supreme Court in New York State Rifle and Pistol Association v. Bruen, firstly assesses whether the Second Amendment of the U.S. Constitution covers the state gun regulation in question. Provided this requirement is satisfied, it then examines if the regulation aligns with the nation’s history of firearm regulation.
Judge Carney concluded that the plaintiffs are “likely to succeed on the merits of their claim”, even though he found that the Second Amendment does cover the California law. On appeal, Rob Bonta, the California Attorney General, contested that the district court wrongfully applied the Bruen test.
Introduced by Governor Newsom, SB 2 was signed into law in September, along with over 20 other bills designed to control firearm usage in the state. It lists 26 “sensitive places” where concealed carry permit holders are barred from carrying handguns. To acquire a concealed carry permit under Californian law, applicants need to pass background and criminal history checks, and complete a training course.
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