The Ninth Circuit Court of Appeals has once again blocked the enforcement of California’s new concealed carry law that went into effect on January 1. This order is a reversal of a decision made a week earlier by a three-judge panel from the Ninth Circuit that stayed a preliminary injunction by a district court judge.
“The administrative stay previously entered (Docket Entry No. 10 in 23-4354; Docket Entry No. 17 in 23-4356) is dissolved,” the order reads. “The emergency motion under Circuit Rule 27-3 for a stay pending appeal and for an interim administrative stay (Docket Entry No. 4 in No. 23-4354; Docket Entry No. 4 in No. 23-4356) is denied pending further order of the court.”
The order means that Californians no longer must worry about violating the law known as SB2. The law would have made much of the state a gun-free zone for law-abiding Californians.
The law was passed by the California legislature and signed into law by Governor Gavin Newsom last year. Much like New York State’s Concealed Carry Improvement Act (CCIA), the law was passed as a repudiation of the landmark Supreme Court decision in New York State Pistol Rifle Association v. Bruen that struck down all “may issue” laws across the country.
The California law was challenged by Reno May, who has a popular YouTube channel, in May v. Bonta. He was joined in the suit by the California Rifle Pistol Association (CRPA), Gun Owners of America (GOA), Gun Owners Foundation (GOF), Gun Owners of California (GOC), and the Second Amendment Foundation (SAF). The Firearms Policy Coalition (FPC), Orange County Gun Owners (OCGO), San Diego County Gun Owners (SDCGO), and California Gun Rights Foundation (CGRF) launched their own legal challenge against the law two weeks after May filed. Their case is Carralero v. Bonta.
In December, U.S. District Court Judge Cormac J. Carney ruled that the law was unconstitutional and defied the Supreme Court’s Bruen decision. He would issue a preliminary injunction blocking the law from going into effect before a three-judge panel from the Ninth Circuit Court of Appeals ultimately stayed his order.
“SB2’s coverage is sweeping, repugnant to the Second Amendment, and openly defiant of the Supreme Court,” Judge Carney wrote. “The law designates twenty-six categories of places, such as hospitals, public transportation, places that sell liquor for on-site consumption, playgrounds, parks, casinos, stadiums, libraries, amusement parks, zoos, places of worship, and banks, as ‘sensitive places’ where concealed carry permitholders cannot carry their handguns. SB2 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.”
In addition to lifting the stay, the court also combined both cases. Oral arguments are scheduled for April, but the court could reinstate part or all of the stay before the court date.
AmmoLand News reached out to California Attorney General Rob Bonta for a comment, but our phone calls and text messages were not returned at the time of writing.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
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