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For Now, Court Rules CA Can’t Ban Guns in Most Public Places

A federal appeals court on Saturday allowed a judge's ruling that barred California from enforcing a new law that bans the carrying of guns in most public places on the grounds that it was unconstitutional to take effect.

The 9th U.S. Circuit Court of Appeals dissolved an order by a different 9th Circuit panel a week earlier that suspended an injunction issued by a judge who concluded the Democratic-led state's law violated the right of citizens to keep and bear arms under the U.S. Constitution's Second Amendment, Reuters reports. Last week's order had stayed the injunction and allowed the law to take effect on Jan. 1. Gun rights groups then asked the 9th Circuit to reconsider, and on Saturday a different panel of judges dissolved the order suspending the injunction. "So the politicians' ploy to get around the Second Amendment has been stopped for now," said C.D. Michel, a lawyer for the gun rights groups.

California's appeal of the injunction will be heard in April. The state's attorney general argued "tens of millions of Californians will face a heightened risk of gun violence" if the law was blocked. "This dangerous decision puts the lives of Californians on the line," said Daniel Villaseñor, a spokesperson for Gov. Gavin Newsom, who signed the measure in September. The law was enacted after a landmark June 2022 ruling by by the conservative-majority U.S. Supreme Court that expanded gun rights nationwide. The Supreme Court struck down New York's strict gun permit regime and declared for the first time that the right to keep and bear arms under the Second Amendment protects a person's right to carry a handgun in public for self-defense. The ruling, New York State Rifle & Pistol Association v Bruen, set out a new test to assess the constitutionality of gun laws by holding they must be "consistent with the nation's historical tradition of firearm regulation."


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