Federal District Judge Halts SB 2 Concealed Carry Restriction Law

U.S. District Court Judge Cormac Carney issued a preliminary injunction on Wednesday, blocking California Senate Bill 2, which would have banned carrying concealed firearms in most public places, ruling that the law set to go into effect January 1st, violates the Second Amendment and deprives legal gun owners of their ability to defend themselves.

The soon-to-be California law would have made concealed weapons illegal in most public places in the state, even if they were held by those with concealed carry permits.

The fight over concealed carry permits dates back to last year when the United States Supreme Court ruled in the landmark case New York State Rifle and Pistol Association v. Bruen last year which held that most laws regulating firearm ownership are legitimate only if they are firmly rooted in American history or analogous to some historical rule. As the Globe reported in September, the ruling specifically put California on notice over their CCW laws as the ruling struck down putting unconstitutional restrictions on concealed carry of a gun out in public.

According to Justice Clarence Thomas, who wrote the majority opinion for the 6 justices in Bruen, “The constitutional right to bear arms in public for self-defense is not ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.’ The exercise of other constitutional rights does not require individuals to demonstrate to government officers some special need. The Second Amendment right to carry arms in public for self-defense is no different. New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms in public.”

Despite this, California passed a slew of 12 gun control bills in September, including SB 2. SB 2 author, Senator Anthony Portantino (D-Burbank), released a statement after the bill was signed by Governor Gavin Newsom, expressing, “I am grateful for Governor Newsom’s bold leadership on gun safety and thank him for signing SB 2. I was proud to partner with the Governor, Attorney General Bonta, and amazing grassroots activists across California on this needed effort to strengthen our existing concealed permit laws and to ensure that Californians are made safer from gun violence. SB 2 is constitutional and consistent with the Supreme Court’s guidance in the Bruen decision. When SB 2 is implemented, it will certainly increase public safety and I believe save lives.”

“Specifically, SB 2 strengthens state gun safety by ensuring those carrying firearms in public are responsible, law-abiding citizens who do not pose a danger to themselves or others and protecting children and young adults from gun violence by setting a minimum age requirement of 21 years of age to obtain a CCW license.”

“While radical judges continue to strip away our ability to keep people safe, California will keep fighting — because gun safety laws work. The data proves they save lives: California’s gun death rate is 43% lower than the rest of the nation,” added Governor Newsom.

With the law set to go into effect on January 1st, the clock began ticking for firearm groups in the state, with many, such as the California Rifle and Pistol Association, filing lawsuits shortly after Newsom signed the bill. While Portantino, Newsom, and other elected officials like Attorney General Rob Bonta were confident in the law withstanding a legal challenge, Carney’s ruling on Wednesday came as a surprise, with SB 2 being ruled against less than 2 weeks before coming into effect.

“[SB 2] is sweeping, repugnant to the Second Amendment, and openly defiant of the Supreme Court,” wrote Judge Carney, United States district judge of the United States District Court for the Central District of California, on Wednesday. “Gun rights groups are likely to succeed in proving it unconstitutional.”

SB 2 blocked less than two weeks before officially going into effect

Those supportive of the law expressed frustration on Wednesday and Thursday. Bonta vowed to appeal the ruling, with Newsom saying that the ruling wouldn’t deter him from signing more gun control measures into law.

“Defying common sense, this ruling outrageously calls California’s data-backed gun safety efforts ‘repugnant.’ 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,” said Newsom.

In another statement, Senator Portantino added, “As the author of SB 2, I am disheartened that the judge did not let the complete bill go into effect on January 1. Though some provisions have been temporarily stopped, many of the bill’s important public safety proposals will go into effect as legislated. For example, some prohibited places for concealed carry permits will continue to be prohibited, the age limit for purchase, much of the permitting process, and the stronger training requirements will all become law on January 1 as outlined in the bill.”

“I am also very grateful to Attorney General Bonta who quickly announced that he will appeal the judge’s decision. The Governor, Attorney General and I worked collaboratively to draft SB 2 to enhance the public safety of Californians in direct response to and under the guidelines of the Supreme Court Bruen decision. I am optimistic that California will prevail on appeal to uphold the responsible and necessary law I authored.”

As the author of SB2 I’m outraged by the judges ruling. The bill was crafted to respond to SCOTUS to make CA safer. I am heartened by the forthcoming appeal from @AGRobBonta CA has the right & responsibility to regulate who can carry guns. @LABradyCampaign @MomsDemand @Everytown

— Anthony Portantino (@Portantino) December 21, 2023

Meanwhile, gun rights groups across the state praised the decision, saying that federal judges are holding the Bruen case firm amidst the state trying to go around it.

“California progressive politicians refuse to accept the Supreme Court’s mandate from the Bruen case and are trying every creative ploy they can imagine to get around it,” said California Rifle and Pistol Association President Chuck Michel. “The Court saw through the State’s gambit. Under the law, gun permit holders wouldn’t be able to drive across town without passing through a prohibited area and breaking the law. The decision makes Californians safer because criminals are deterred when law-abiding citizens can defend themselves.”

In an interview with the Globe, Gun Owners of California Executive Director Sam Paredes said, “We’re ecstatic that the judge found our arguments as correct. It would have otherwise made concealed carry useless in California. This is just the beginning. Another law on the processes against the LA County Sheriff’s Department challenging getting the permit and the cost of it will be up soon. We’re working to invalidate the law as it goes against the 2nd amendment.”

“Gavin Newsom, Portantino, and others need to learn that they can’t touch these laws. I think this ruling will be helpful. We need to watch it. This is California. Crazier things have happened. Hope for the best, expect the worst. But, for now, this is a good ruling,” Paredes added.

As of Thursday, it is currently unknown when Bonta’s appeal against the injunction will be heard.