Sen. Anthony Portantino announcing new gun legislation. (Photo: gov.ca.gov)
Whamm, Zwap, Bam! Lawsuits Already Filed Over California’s Newest Gun Control Laws
GOA, GOF join Gun Owners of California in suit challenging California’s brand new anti-concealed carry law
By Katy Grimes, September 27, 2023 12:02 pm
UPDATE below: Senate Bill 2 by Senator Anthony Portantino’s (D–Burbank), which is California’s response bill to New York Rifle and Pistol Association v. Bruen, was signed into law Tuesday. SB 2 enacts numerous “sensitive locations” where guns are banned, and changes requirements to obtain a concealed carry license. SB 2 was also sponsored by Gov. Gavin Newsom and Attorney General Rob Bonta, and simply put illegally imposes restrictions on those seeking a California Concealed Carry Weapons (CCW) permit.
Notably, Newsom, Bonta and Portantino know they are imposing restrictions to those applying for CCWs, when virtually no crimes are committed by CCW holders, who are required to pass background checks by County Sheriffs, and take gun safety courses.
Remarkably, CCW permit holders don’t commit mass shootings, they stop them. We’ve never had a comment or even a reaction from Gov. Newsom, AG Bonta or Sen. Portantino on this fact. Instead they obsess on legal gun owners, seeking ways to limit Second Amendment protections.
Gun Owners of America and the Gun Owners Foundation just announced:
Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) teamed up with Gun Owners of California (GOC) to promptly serve California AG Rob Bonta in a lawsuit challenging portions of SB 2, a bill that anti-gun Governor Gavin Newsom signed into law Tuesday. This unconstitutional legislation was passed in response to the Bruen decision (which ended the state’s draconian “may-issue” policy), and among other provisions would:
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- Enact highly restrictive “sensitive locations” where concealed carrying would be prohibited, including all private property unless expressly permitted by the owner;
- Require 16 hours of training;
- And significantly increase the costs associated with securing a permit.
This suit specifically goes after the “sensitive locations” provision of the law.
So that is strike one.
This is strike two.
Tuesday, Gov. Gavin Newsom also signed into law AB 28, “the Gun Violence Prevention and School Safety Act,” to tax the gun industry claiming to create a permanent funding source “for school safety and gun violence prevention programs” in California. Voter beware when politicians claim “school safety” – it’s usually there opposite.
According to Gov. Newsom, taxing legal gun owners even more for their legal purchases of a gun will put an end to crime and violence. Newsom and bill author Assemblyman Jesse Gabriel (D-Encino), are silent on the staggering crime spiking in the state, and instead look to imposing unconstitutional gun control measures on legal gun owners.
AB 28 will impose an 11 percent excise tax on the sale of guns and ammunition by gun manufacturers and dealers and is expected to generate $160 million annually to fund school safety and violence prevention programs, including initiatives to prevent mass shootings, bolster firearm investigations, and remove guns from domestic abusers.”
AB 28 will also end world hunger.
Imposing excise taxes on enumerated rights is unconstitutional.
Justice Clarence Thomas’ clearly laid out in his written decision in the New York Rifle and Pistol Association v. Bruen case in what can and cannot be done, noting that there should never be a test to determine if someone is permitted to carry a gun, based on the 2nd Amendment.
And in the face of that decision, California lawmakers have shown they do not care about the Constitution, except when it protects their activities.
Justice Clarence Thomas wrote the majority opinion in the 6-3 ruling: “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.”
“This ‘special need’ standard is demanding,” Thomas wrote. “For example, living or working in an area ‘noted for criminal activity’ does not suffice.” In 43 other states, Thomas noted, authorities are required to issue licenses to applicants who meet certain requirements, and officials do not have discretion to say no due to what they believe is an insufficient need.”
Despite being rebuked by the highest court in the country over gun control attempts last year, California Democrats continue to tell the people through unconstitutional legislation that you can’t defend yourself with a firearm… or at least they will limit who can carry, and where you can carry.
Gun Owners of America and the Gun Owners Foundation said several other anti-gun states have enacted similar unconstitutional legislation in response to the Bruen decision, and GOA and GOF are a part of litigation in several of these cases.
Erich Pratt, GOA’s Senior Vice President, issued the following statement:
“This is just the latest assault on our rights in California. Just as concerning, Governor Gavin Newsom has already made his anti-gun intentions quite clear: he wants to effectively repeal the Second Amendment. Sadly, his acknowledgment that doing so would be the only way to enact more gun control did not dissuade him from violating his oath when he signed this law into effect, but we are fully prepared to fight back.”
Sam Paredes, on behalf of the board for GOF and in his role as the Executive Director of Gun Owners of California, added:
“Pro-gun groups in California have had success when pushing back on legislation like this – just look at our victory last week against the state’s magazine ban. And just like in that case, we are confident SB 2 will be overturned. I’ve been warning governors and legislatures across the country since the Bruen decision that these “response bills” will not stand, but unfortunately, many have still been pushed through. That won’t stop us however – states should fall in line, or we will make them.”
In June, Gov. Gavin Newsom, who pretends he isn’t running for President, proposed a 28th Constitutional Amendment to restrict national gun rights, and had the chutzpah to claim it will “leave the 2nd Amendment unchanged and respecting America’s gun-owning tradition.” Don’t count on it.
UPDATE 9/28/2023:
Supreme Court Justice Clarence Thomas will consider a lawsuit by Second Amendment groups challenging New York’s strict concealed carry firearm laws, similar to California’s, Just the News reported.
“Thomas has scheduled a conference with the full court on Oct. 6 to weigh a challenge to a provision of New York’s Concealed Carry Improvement Act on background checks for ammunition purchases, which went into effect a few weeks ago, according to the court’s calendar.
A pair of New York gun shop owners filed the lawsuit, arguing that the new background requirements would impact their business and deprive lawful gun owners of their Second Amendment rights.”
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December 17, 2022 -
Wow, that was fast! Heartening news in these nervy and appalling times.
Ha ha: “AB 28 will also end world hunger.” 🙂
I don’t think Democrats have any interest in stopping crime or mass shootings. Quite the opposite as a matter of fact.
These idiots have never read the Constitution and think what ever they want they can change it to their wants! BS dumb S–Ts!
SCOTUS has agreed to hear the case brought against the same type of laws in NY. We should have justice soon, fingers crossed…
Bbbbbut – look at how well California’s gun laws are working in Oakland!
Ha – no kidding Fed Up
gun control promotes crime
What kind of a screwed up, vitriolic state government writes and passes laws that they know are unconstitutional in retribution of a Supreme Court decision that protects the God-given right of law-abiding citizens to own firearms and protects their ability to be able to use those firearms for personal protection?
Why, Democrat controlled California is that kind of a screwed up, vitriolic state government, of course.
California… LEADING THE WORLD!
Jus
Wow!!!! Is it something in the water out here? Or, all the special freebees to reward all the bad behavior and life-styles?? How can there be sooo many Drug-Addled, etc etc, humans that still breathe air in California? Or maybe Braindead Humans is a better term! Drugs do that, as you all know! I’m actually impressed at how long so many can live without any actual decent working brain matter! Must be the climate that keeps ’em going! The year around sun acts like a battery to keep the half-baked brains energized! Solar Brains! That must be it! They are the C.A. S.B. Brigade! (Partly an evasive species) Maybe the Military can find a use for them! They could be useful somewhere in there, I’d think. Drop them into enemy territory, then deny them their free drugs, and the screeching and wailing would just scare most enemies away! It would me! That’s why it’s not real safe to go out at night around here! Nighttime can be so much more unsafe than daytime here! The dark brings out the Roaming ISH ! Heck, last night alone, we woke up to 3 Police Units hauling a couple of handcuffed “citizens” off to the ‘SPA’ specifically made for criminals! The creepy crawlers, the misfits, the drug-addled, the walking dead, the ‘no reason to live-ers’, the thieves, the idiots of society, the humanoids no-one likes to see around their property or family, the untrustworthy, random rapists, the dregs of society, the one’s you doublecheck your locks before bed kind, the one’s you check for, outside your property kind, The ones you lock your car and house for, the one’s who make a mess of the garbage cans, use your property for their bathroom duties, the one’s who mostly CHOOSE to waste their 1 life! It’s a certain type of human you’re looking for! If YOU think that’s unfair, rude, or not nice, to call them what they are, then YOU need to step up and do something to help them! SHOW ALL THE HEARTLESS PEOPLE HOW IT SHOULD BE DONE! YOU COULD ADOPT SOME INTO YOUR HOME, OR A CORNER OF YOUR PROPERTY, (put up a Yurt or two. if legal in your area)….SUPPORT THEM, FEED THEM, CLOTHE THEM, FIND THEM JOBS, INTEGRATE THEM INTO A DECENT SOCIETY, TAKE THEM TO GET MEDICAL AND TREATMENT CARE, AND GET THEM OFF THE STREETS! I’m sure they will LOVE you for that! YOU can be their SAVIOR…how could they not LOVE you for that!? BE THE GOOD CITIZEN YOU THINK THEY DESERVE, AND HELP THEM! YOU START THE TREND! Maybe a sure-fire way to Heaven! (or…..maybe just quietly back off from it, yet continue to rant on the terrible “other party” who already saw the light! I’m of the thought that if you did, indeed, corral a couple of them to mentor, and clean up their acts to be a contributing member of society, there’d be enough screeching and hand flapping from most of them, enough to send all the other night critters either running, or attacking to just STOP the racket! Car sirens would be going off, cars would crash on the roads, windows would break, newborns would cry, oldsters would turn down their hearing-aids, birds would flock, planes would crash, the military would go on alert! They’ve ruined their own lives! That’s what happens when thousands of ner’do wells are ALLOWED to continue down their path to destruction! It bleeds out to all of us! A famous saying is “In politics, stupidity is not a handicap”! another “Genius may have its limitations, but stupidity is not thus handicapped”! So many more out there! my current fav. is, “Voting has consequences!” At the rate this country is going, it won’t be that long before we become just like those Movies from our childhood, with chaos, destruction, humanoids killing everywhere and anybody, world falling apart, remember those? Glad I’m old and grew up in a much better, more patriotic, decent, hard-working time, where MOST citizens, (I SAID MOST) had respect for themselves, showed respect for others, WORKED to support their families, raised good kids, and respected the Laws! I remember that time! Not that long ago! They were called THE GREATEST GENERATION, btw! Before the Evil was allowed in… Evil has many current names, too! I think you can figure that out after my rant! Be the person you want to meet in the DARK! Now I feel like going for a walk in the sunshine, while it’s MOSTLY safe!
Oldster rant
On the positive side, Gavin is displaying his crazy thought process to the rest of the country. Sealy his future as never becoming President of USA. Gavin has run Califorinia into hell. Also showing his love for pedeopollia, criminals including violent criminals. Making all cities unsafe in California hiest state taxes,teaching perversion to K-12th grade now ranked 44th in student acievment. Forcing deadly vaccines on kids. Climate TAX, I could go on and on, however you get the destruction. One question where is the 32 billion EDD money you gave to theives?