The US Court of Appeals for the Ninth Circuit dissolved an earlier stay on Saturday which permitted the enforcement of a California law that prohibited holders of concealed carry permits from carrying firearms in most public places, thereby effectively blocking the law. With this ruling, the California law is set to no longer be effective from January 2024.
In the two-page order, the court nullified its prior halt of the case pending the appeal process. It further amalgamated two distinct cases that were challenging the controversial law. Following this decision, the California Rifle & Pistol Association, on social media platform X (formerly Twitter), termed the ruling as a ‘huge win’.
Prior to this ruling, the California law was set to take effect, and in context of this impending change, California Attorney General Rob Bonta, asserted, “We’ve ensured California’s common-sense concealed carry weapons law—prohibiting concealed firearms in sensitive places like playgrounds & hospitals— takes effect tomorrow & while we appeal the lower court’s dangerous decision.”
Last month, the US District Court for the Central District of California issued a preliminary injunction barring SB 2 from becoming valid in 2024. The ruling was based on a two-part test from the US Supreme Court decision from last year in New York State Rifle and Pistol Association v. Bruen. The test scrutinizes all gun control legislation in the US, initially looking into whether the US Constitution’s Second Amendment’s literal interpretation covers the state gun legislation. If this first criterion is met, the test then inquires whether the regulation is “consistent with this Nation’s historical tradition of firearm regulation.” In this case, Judge Carney found that the Second Amendment’s plain text indeed covers the California law but declared that the public places delineated by the law do not conform with the Nation’s historical tradition of firearm regulation. Hence, Carney concluded that the plaintiffs are “likely to succeed on the merits of their claim.”
On appeal, California Attorney General Rob Bonta argued that the district court had incorrectly applied the Bruen test, referencing a Second Circuit decision that upheld a gun law embodying restrictions on sensitive places. Notably, the Ninth Circuit had previously granted a stay on the district court’s preliminary injunction, which would have allowed the new law to take effect this month.
In September, California Governor Gavin Newsom signed SB 2 into law, along with over 20 additional bills aimed at regulating firearm usage within the state. SB 2 limits the public spheres where individuals with concealed carry permits can carry their handguns for self-defense. Specifically, SB 2 lists 26 “sensitive places” where concealed carry permit holders are disallowed from carrying handguns. To obtain a concealed carry permit under California law, a person must undergo a background check, a criminal history review, and a training course.