Federal Judge Strikes Down “Repugnant” California Anti-Gun Legislation

 

A federal judge on Wednesday temporarily blocked California from enforcing legislation that would ban licensed gun carry in dozens of so-called ‘sensitive places.’

U.S. District Judge Cormac J. Carney issued a preliminary injunction against S.B. 2.

In a 43-page opinion, Carney described the bill as “repugnant to the Second Amendment, and openly defiant of the Supreme Court.”

Carney said S.B. 2 turns nearly every public place in California into a ‘sensitive place.’

“CCW permitholders are among the most responsible, reliable law-abiding citizens,” Carney wrote, according to The Reload.

“They have been through a vigorous vetting and training process following their application to carry a concealed handgun. The challenged SB2 provisions unconstitutionally deprive this group of their constitutional right to carry a handgun in public for self-defense,” Carney added.

Bearing Arms reports:

Carney ruled in favor of the gun owners and Second Amendment organizations who brought the May v. Bonta and Carralerro v. Bonta litigation on every one of their challenges; granting an injunction against the following “gun-free zones” established under SB 2:

• Hospitals, mental health facilities, nursing homes, medical offices, urgent care facilities, and other places where medical services are customarily provided,
• Public transportation
• Establishments where “intoxicating liquor” is sold for consumption on the premises
• Public gatherings and special events
• Playgrounds and private youth centers
• Parks and athletic facilities
• Department of Parks and Recreation and Department of Fish and Wildlife property, except hunting areas,
• Casinos and gambling establishments
• Public libraries, zoos, and museums
• Places of worship
• Financial institutions
• Privately-owned businesses open to the public
• Parking areas (including those adjacent to “sensitive places” not challenged by the plaintiffs)

From The Reload:

The ruling makes California the latest state to have its attempt to head off the impacts of the Supreme Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen deemed likely unconstitutional. It comes on the heels of similar rulings against nearly identical restrictions passed in New York, New Jersey, Hawaii, and Maryland.

Wednesday’s decision deals a particular blow to the ambitions of California’s gun-control advocates because it blocks the bulk of the state’s Bruen-response law before it even takes effect. The remainder of the law, including the new training and application requirements it imposes, will take effect on January 1, 2024.

Judge Carney’s ruling stops California’s attempt to impose a wide variety of gun-free zones where even licensed gun carry is a crime. Locations affected by the order include medical facilities, public transportation, establishments where liquor is sold, public gatherings, playgrounds, parks, Department of Parks and Recreation and Department of Fish and Wildlife property, casinos, stadiums and arenas, libraries, amusement parks, zoos, museums, places of worship, financial institutions, certain parking lots, and commercial establishments.

In each case, Judge Carney determined that the government of California failed to provide a compelling historical analogue showing that the modern location restrictions fit within the nation’s historical tradition of regulating firearms in sensitive places—a key requirement of the legal test established in Bruen.

Read the full 43-page opinion HERE.

https://en-volve.com/2023/12/21/federal-judge-strikes-down-repugnant-california-anti-gun-legislation/