Democratic Gov. Gavin Newsom’s efforts to restrict gun ownership in California face a setback as a federal appeals court puts a temporary hold on a law set to go into effect on New Year’s Day. The law, which would prohibit most gun owners from carrying firearms in public spaces such as banks, playgrounds, and churches, was deemed unconstitutional and a violation of the Second Amendment by the court. Various gun rights organizations, including the California Rifle & Pistol Association, the Second Amendment Foundation, and Gun Owners of America, filed a lawsuit against the law.
The injunction against the law, issued on December 20, described it as sweeping and repugnant to the Second Amendment, effectively nullifying the rights of law-abiding citizens to defend themselves in public. U.S. District Judge Cormac Carney, who presided over the case, criticized the law for turning almost every public place in California into a sensitive place. The law also prevents owners from carrying concealed weapons in privately owned businesses unless explicitly allowed by the owner.
The 9th U.S. Circuit Court of Appeals issued an administrative stay on the injunction, which means the law will remain on hold until a different panel of judges decides whether a longer hold is necessary. This decision follows a similar ruling by the U.S. Supreme Court in June 2022 against a New York law that limited concealed carry, emphasizing the need for gun laws to align with the nation’s historical tradition of firearm regulation.
California Democrats argue that the new law adheres to the Supreme Court ruling on the New York case. Gun rights advocates, however, view it as an attempt to bypass the Court’s mandate. Chuck Michel, president of the California Rifle and Pistol Association, expressed his concern over the state’s refusal to respect the Supreme Court’s decision, saying, The Court saw through the State’s gambit.
California Secretary of State Rob Bonta announced the state’s intention to appeal the December 20 ruling, while Gov. Newsom welcomed the appeals court’s decision to allow the law to remain in effect during the appeal process. He emphasized the importance of maintaining safety in places such as hospitals, libraries, and children’s playgrounds by keeping guns out.
As the legal battle continues, it remains uncertain whether the law restricting gun ownership in public spaces will ultimately prevail. The issue highlights the ongoing debate between those advocating for stricter gun control measures and those defending their Second Amendment rights. The decision of the appeals court will undoubtedly have far-reaching implications for gun owners in California and potentially set a precedent for gun laws in other states.
NOTE: Fox News Digital has reached out to the California Rifle & Gun Association for comment.
