When the clock strikes midnight on December 31, 2023, California gun owners will be under a new gun control regime created to counter the impact of the Supreme Court’s ruling on New York Rifle & Pistol Association v. Bruen. After a series of legal challenges, the law will go into effect once the new year starts.
However, the battle over California’s gun control laws, and others passed in other states, is far from over as gun rights advocates, armed with the Bruen decision, are striking down gun restrictions all across the country.
A U.S. district judge issued a ruling Dec. 20 to block the law from taking effect, saying it violates the Second Amendment of the U.S. Constitution and deprives people of their ability to defend themselves and their loved ones.
But on Saturday, a federal appeals court put a temporary hold on the district judge’s ruling. The appeals court decision allows the law to go into effect as the legal fight continues. Attorneys are scheduled to file arguments to the 9th Circuit Court of Appeals in January and in February.
The law, signed by Democratic Gov. Gavin Newsom, prohibits people from carrying concealed guns in 26 places including public parks and playgrounds, churches, banks and zoos.
The ban applies regardless of whether the person has a permit to carry a concealed weapon. One exception is for privately owned businesses that put up signs saying people are allowed to bring guns on their premises.
Senate Bill 2, which was sponsored by Attorney General Rob Bonta and Gov. Gavin Newsom, was similar to legislation passed in New York to prevent people from exercising their Second Amendment rights.
The new law imposes a comprehensive set of provisions designed to make it harder for people to keep and bear arms. These include more guidelines related to determining eligibility to obtain a concealed carry permit, prohibition of firearms in so-called sensitive locations, enhanced training requirements to possess a license to carry, and others.
While members of the anti-gunner lobby insist that these laws are necessary to keep Californians safe, opponents point out that it is a clear violation of the Second Amendment and will only leave residents vulnerable to criminals who do not obey gun control laws.
The Bruen decision established a new standard for evaluating gun regulations. It mandates that gun control laws must be consistent with the nation’s historical tradition of firearm regulation. Challengers might argue that SB 2 does not align with historical precedents for carrying firearms in public or that it imposes restrictions that go further than what regulations have allowed historically.
The Bruen decision acknowledged that the government can ban guns in “sensitive” areas such as schools and government buildings. But the ruling did not give states carte blanche to pass sweeping restrictions to carry in all manner of public spaces, which is precisely what the new gun laws in California and New York seek to do.
As stated previously, the battle is not yet over. But in the meantime, gun owners in California will have to face even more limitations on where they can carry.
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