A federal judge on Wednesday blocked a California law that would have banned the carrying of firearms in most public places, ruling that it violates the Second Amendment of the U.S. Constitution and deprives people of their ability to defend themselves. and their loved ones.
The law signed by Governor Gavin Newsom in September would take effect on January 1.
It would have banned people from carrying concealed weapons in 26 places, including public parks and playgrounds, churches, banks and zoos.
The ban would apply regardless of whether the person has a permit to carry a concealed weapon or not. An exception would be private businesses that post signs saying people can bring guns onto their facilities.
U.S. District Judge Cormac Carney granted a preliminary injunction blocking the law, which he said was “broad, repugnant to the Second Amendment, and openly defiant of the Supreme Court.”
The judicial process against the law will continue as long as the law is blocked. The judge wrote that gun rights groups are likely to be able to prove it is unconstitutional, meaning it would be permanently repealed.
California Governor Gavin Newsom stands with President Joe Biden during a visit to the Lucy Evans Baylands Nature Preserve and Interpretive Center on June 19, 2023. REUTERS
The decision is a victory for the California Rifle and Pistol Association, which sued to block the law.
The measure revised the state’s rules for concealed carry permits in light of the U.S. Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen, which caused several states to rush to react with their own laws.
That decision said the constitutionality of firearms laws must be evaluated based on whether they are “consistent with the nation’s historical tradition of firearms regulation.”
“California’s progressive politicians refuse to accept the Supreme Court’s mandate stemming from the Bruen case and are trying every creative ploy they can imagine to get around it,” California association president Chuck Michel said in a statement. “The Court saw the State’s tactics.”
The law would have banned people from carrying concealed weapons in 26 places, including public parks and playgrounds, churches, banks and zoos. AP
Michel said that under the law, gun permit holders “could not drive through the city without passing through a prohibited area and violating the law.”
He said the judge’s decision makes Californians safer because criminals are deterred when law-abiding citizens can defend themselves.
State Attorney General Rob Bonta said his office will appeal the decision, which he said if allowed to stand would “endanger communities by allowing guns in places where families and children gather.”
Newsom said he will continue to push for stricter gun measures.
“Defying common sense, this ruling outrageously calls California’s data-backed gun safety efforts ‘disgusting.’ “What is disgusting is this ruling, which gives the green light to the proliferation of weapons in our hospitals, libraries and playgrounds, spaces that should be safe for everyone,” the governor said in a statement Wednesday night.
Newsom has positioned himself as a national leader on gun control, while he is increasingly viewed as a possible presidential candidate.
He has called for and signed a variety of bills, including measures targeting untraceable “ghost guns,” the marketing of firearms to children and allowing people to file gun violence lawsuits.
In September, a federal judge struck down another California law that would have banned high-capacity chargers in the state. AP
That legislation was based on a Texas anti-abortion law.
Carney is a former Orange County Superior Court judge who was appointed to the federal bench by President George W. Bush in 2003.
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Source: vtt.edu.vn