US appeal court allows California to bar guns in most public places
- Under the new law, people cannot carry concealed guns in 26 categories of ‘sensitive places’ regardless of whether they have permits
- The measure is set to take effect on January 1 after being signed into law in September by Democratic California Governor Gavin Newsom
A federal appeal court on Saturday cleared the way for a California law that bans the carrying of guns in most public places to take effect at the start of 2024, as the panel put on hold a judge’s ruling declaring the measure unconstitutional.
The 9th US Circuit Court of Appeals suspended a December 20 injunction issued by a judge who concluded the Democratic-led state’s law violated the right of citizens to keep and bear arms under the US Constitution’s Second Amendment.
The three-judge panel issued an administrative stay that put the injunction on hold until a different 9th Circuit panel can consider whether to issue an even longer pause while the litigation plays out.
The measure, which is set to take effect on January 1 after being signed into law in September by Democratic California Governor Gavin Newsom, was enacted after a landmark ruling in June 2022 by the conservative-majority US Supreme Court that expanded gun rights nationwide.
The Supreme Court in that case struck down New York’s strict gun permit regime and declared for the first time that the right to keep and bear arms under the Second Amendment protects a person’s right to carry a handgun in public for self-defence.
The ruling, New York State Rifle & Pistol Association v Bruen, also set out a new test to assess the constitutionality of gun laws by holding they must be “consistent with the nation’s historical tradition of firearm regulation.”
California, which has some of the strictest gun control laws in the United States, was among a group of states with similar laws as New York, and following the US Supreme Court’s decision moved to revamp its firearms regulations.
