The new California law banning guns in public places even with carry permits is facing scrutiny in courts. The legislation they are criticizing is specifically the Senate Bill 2.
On December 30, 2023, a temporary injunction was issued by District Judge Cormac Carney. However, this authoritative warning was blocked after a three-judge panel filed an order temporarily restricting the injunction.
Because of this, the law was allowed to proceed, completely restricting Californian gun owners from carrying their firearms in public areas even if they have permits to carry.
New California Law Banning Guns Faces Scrutiny in Courts!
Before Senate Bill 2 took effect in California, District Judge Cormac Carney criticized the law, saying that it was repugnant to the Second Amendment.
The new gun restriction law was one of the gun control measures that Californian Gov. Gavin Newsom signed in September 2023. When he approved the Senate Bill 2, Newsom cited shootings across the United States, as reported by CNN.
He said that over 100 died because of firearm-related incidents in just 72 hours before he signed the new legislation.
NPR interviewed UCLA Law Prof. Adam Winkler; the author of the "Gunfight: The Battle Over The Right To Bear Arms In America".
During the interview, Winkler said that the Californian governor has made gun safety measures the main goal of his political agenda.
"In 2023, Newsom signed into law more than 20 new gun safety measures," said the law professor.
These include increasing the training required for permits to carry concealed guns, raising the age to carry firearms in public to 21 years old, as well as a new tax on ammunition and guns.
Why Gun Laws are Criticized
Prof. Adam Winkler was asked regarding his opinion after hearing what the California district court judge said regarding Senate Bill 2.
"The district judge's ruling was not wholly surprising given the new test that the Supreme Court says gun laws must meet to be constitutionally permissible," explained the law expert.
He added that the U.S. Supreme Court's Second Amendment rulings state that the court insists that gun legislation should resemble firearm laws during the 1700s and 1800s.
However, he explained that there were no legislations banning or restricting firearms in playgrounds, zoos, museums, and other private places during those periods.
"As a result, applying this new test under the Second Amendment makes it very difficult to justify some of these restrictions on sensitive places that California has adopted," he added.
