A U.S. District Court in California this week issued a preliminary injunction blocking enforcement of California’s newest ban on lawful concealed carry.
The case challenged newly passed SB 2, the state's "sensitive places" law severely restricting lawful concealed carry. Passed by the Democrat-controlled state legislature and signed by anti-gun crusading Gov. Gavin Newsom, SB 2 in a nutshell is California's answer to the U.S. Supreme Court's 2022 Bruen ruling that relaxed hurdles to obtaining concealed carry permits.
California's retaliation established a wide range of "sensitive places" as "no gun" zones, including within 1,000 feet of the grounds of any public or private school, effectively limiting any legal carry with a permit to a very narrow patchwork area. That, U.S. District Judge Cormac J. Carney, did not square with the right to keep and bear arms.
"SB2’s coverage is sweeping, repugnant to the Second Amendment, and openly defiant of the Supreme Court," said Carney in his 43-page opinion. "SB 2 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."
The injunction prevents enforcement of California's carry bans – which had been set to go into effect on Jan. 1, 2024 – in the following locations:
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Hospitals, mental health facilities, nursing homes, medical offices, urgent care facilities, and other places where medical services are customarily provided.
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Public transportation.
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Establishments where intoxicating liquor is sold for consumption on the premises.
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Public gatherings and special events.
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Playgrounds and private youth centers.
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Parks and athletic facilities.
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Department of Parks and Recreation and Department of Fish and Wildlife property, except hunting areas
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Casinos and gambling establishments,
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Stadiums and arenas.
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Public libraries.
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Amusement parks.
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Zoos and museums.
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Churches, synagogues, mosques, and other places of worship.
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Financial institutions.
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Any other privately owned commercial establishment that is open to the public, unless the operator clearly and conspicuously posts a sign indicating that license holders are permitted to carry firearms on the property.
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Parking areas as they pertain to California Penal Code § 26230.
The ruling, in the combined cases of May v. Bonta and Carralero v. Bonta, is a major victory for the 14 private plaintiffs joined by assorted 2A groups that partnered to bring the challenge to the court. Backing the suits are the California Rifle & Pistol Association, California Gun Rights Foundation, Firearms Policy Coalition, Gun Owners of America, Gun Owners Foundation, Gun Owners of California, Orange County Gun Owners, San Diego County Gun Owners, and the Second Amendment Foundation.
"SB 2 is not only an affront to the right to keep and bear arms,” Alan Gottlieb, SAF founder and Executive Vice President, told Guns.com by email. "It’s an insult to the intelligence of every honest citizen in the Golden State. It amounts to a massive prohibition on legal carry throughout the state, which runs counter to what the U.S. Supreme Court said in its Bruen ruling last year. Thankfully, Judge Carney sent a message to Gov. Newsom and anti-gun-rights state lawmakers that they can’t get away with this."
Nonetheless, anti-gun groups that sponsored SB 2 such as Brady are enraged over the ruling, as is Gov. Newsom, who said it "green-lights the proliferation of guns." California Attorney General Rob Bonta has promised an appeal.
"We believe the court got this wrong, and that SB 2 adheres to the guidelines set by the Supreme Court in Bruen," said Bonta in a statement. "We will seek the opinion of the appellate court to make it right."
More on the win from the CRPA, below.
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