El Dorado County (Dec 21 2023) – In a significant legal development, a federal judge has blocked a California law set to take effect on January 1, which aimed to prohibit the carrying of firearms in numerous public places. U.S. District Judge Cormac Carney ruled that the law, signed by Governor Gavin Newsom in September, violates the Second Amendment of the U.S. Constitution by impeding people’s ability to defend themselves and their families.
The law, which would have banned carrying concealed guns in 26 public locations such as parks, playgrounds, churches, banks, and zoos, regardless of having a concealed carry permit, faced criticism for its broad scope. The ban allowed exceptions only for privately owned businesses displaying signage permitting firearms on their premises.
Judge Carney granted a preliminary injunction against the law, describing it as “sweeping, repugnant to the Second Amendment, and openly defiant of the Supreme Court.” The case will continue to be litigated, but the judge expressed belief that gun rights groups challenging the law are likely to succeed in proving its unconstitutionality, leading to a permanent overturn.
This ruling marks a victory for the California Rifle and Pistol Association, which opposed the law, arguing that it disregarded the U.S. Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen. The Bruen case emphasized evaluating the constitutionality of gun laws based on the nation’s historical tradition of firearm regulation.
Chuck Michel, president of the California association, stated, “California progressive politicians refuse to accept the Supreme Court’s mandate… The Court saw through the State’s gambit,” expressing satisfaction with the judge’s decision.
California Attorney General Rob Bonta announced his intent to appeal the decision, emphasizing concerns that allowing guns in areas where families gather could endanger communities. Governor Newsom, a proponent of stringent gun control measures, criticized the ruling, vowing to continue advocating for stronger regulations despite the setback.
The judge in question, Cormac Carney, appointed by President George W. Bush in 2003, is a former Orange County Superior Court judge.