Appeals court allows California law to go into effect, restricting concealed carry in public places
By Andy Rose, CNN
(CNN) — A US appeals court Saturday paved the way for a California law banning the concealed carry of firearms in “sensitive places” to go into effect January 1, despite a federal judge’s ruling that it is “repugnant to the Second Amendment.”
The law – Senate Bill 2 – had been blocked last week by an injunction from District Judge Cormac Carney, but a three-judge panel filed an order Saturday temporarily blocking that injunction, clearing the path for the law to take effect.
The court issued an administrative stay, meaning the appeals judges did not consider the merits of the case, but delayed the judge’s order to give the court more time to consider the arguments of both sides. “In granting an administrative stay, we do not intend to constrain the merits panel’s consideration of the merits of these appeals in any way,” the judges wrote.
The law, among a series of gun control measures signed by California Gov. Gavin Newsom in September, applies to those with licenses to carry a concealed weapon. When he signed the gun laws in September, Newsom cited shootings across the country that left more than 100 people dead in the 72 hours prior to the signing.
Under the new law, people would not be allowed to carry concealed firearms in a variety of California locations, including places of worship, public libraries, amusement parks, zoos and sporting events. The California Rifle and Pistol Association and Gun Owners of America, among other plaintiffs, challenged the legislation. Judge Carney had agreed with the plaintiffs the new law is too broad, saying in his injunction order it “turns nearly every public place in California into a ‘sensitive place.’”
Carney called the span of the new law “sweeping, repugnant to the Second Amendment, and openly defiant of the Supreme Court.”
In a statement following Carney’s ruling, the governor said the locations where concealed carry would be banned under the new law are spaces “which should be safe for all.”
“This ruling outrageously calls California’s data-backed gun safety efforts ‘repugnant,’” Newsom previously told CNN. “What is repugnant is this ruling, which greenlights the proliferation of guns in our hospitals, libraries, and children’s playgrounds — spaces, which should be safe for all.”
In a statement, C.D. Michel, lead attorney for plaintiffs, said, “This is an administrative motions panel preliminary ruling. We will immediately ask the merits panel to reverse this and keep the law as it has been for decades.”
CNN reached out to the California Attorney General’s Office for comment.
CNN’s Zoe Sottile, Nouran Salahieh, Cindy Von Quednow and Josh Campbell contributed to this report.
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