Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Federal judge blocks California law that would have banned carrying firearms in most public places

A federal judge has temporarily blocked a California law that would have banned carrying firearms in most public places, ruling that it violates the Second Amendment of the U.S. Constitution and deprives people of their ability to defend themselves and their loved ones

Via AP news wire
Thursday 21 December 2023 02:05 GMT
California Concealed Carry
California Concealed Carry (Copyright 2022 The Associated Press. All rights reserved)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A federal judge on Wednesday temporarily blocked a California law that would have banned carrying firearms in most public places, ruling that it violates the Second Amendment of the U.S. Constitution and deprives people of their ability to defend themselves and their loved ones.

The law signed by Gov. Gavin Newsom in September was set to take effect Jan. 1. It would have prohibited people from carrying concealed guns in 26 places including public parks and playgrounds, churches, banks and zoos. The ban would apply whether the person has a permit to carry a concealed weapon or not. One exception would be for privately owned businesses that put up signs saying people are allowed to bring guns on their premises.

U.S. District Judge Cormac Carney granted a preliminary injunction blocking the law, which he wrote was “sweeping, repugnant to the Second Amendment, and openly defiant of the Supreme Court.”

The decision is a victory for the California Rifle and Pistol Association, which sued to block the law. The measure overhauled the state’s rules for concealed carry permits in light of the U.S. Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen. That decision said the constitutionality of gun laws must be assessed by whether they are “consistent with the nation’s historical tradition of firearm regulation.”

“California progressive politicians refuse to accept the Supreme Court’s mandate from the Bruen case and are trying every creative ploy they can imagine to get around it,” the California association's president, Chuck Michel, said in a statement. “The Court saw through the State’s gambit.”

Michel said under the law, gun permit holders “wouldn’t be able to drive across town without passing through a prohibited area and breaking the law.” He said the judge's decision makes Californians safer because criminals are deterred when law-abiding citizens can defend themselves.

The law was supported by Newsom, who has positioned himself as a national leader on gun control while he is being increasingly eyed as a potential presidential candidate. He has called for and signed a variety of bills, including measures targeting untraceable “ghost guns,” the marketing of firearms to children and allowing people to bring lawsuits over gun violence. That legislation was patterned on a Texas anti-abortion law.

Carney is a former Orange County Superior Court judge who was appointed to the federal bench by President George W. Bush in 2003.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in