LOS ANGELES (AP) — A new California law that bans people from carrying firearms in most public places was once again blocked from taking effect Saturday as a court case challenging it continues.
A 9th Circuit Court of Appeals panel dissolved a temporary hold on a lower court injunction blocking the law. The hold was issued by a different 9th Circuit panel and had allowed the law to go into effect Jan. 1.
Saturday’s decision keeps in place a Dec. 20 ruling by U.S. District Judge Cormac Carney blocking the law. Carney said that it violates the Second Amendment and that gun rights groups would likely prevail in proving it unconstitutional.
The law, signed by Democratic Gov. Gavin Newsom, prohibits people from carrying concealed guns in 26 types of places including public parks and playgrounds, churches, banks and zoos. The ban applies regardless of whether a person has a concealed carry permit.
Pro/con 100% ban is an easy lever to pull unfortunately, for all sides. Republicans get essentially free votes and campaign dollars from very active and hardline single-issue voters, Democrats get fundraising and media time from pushing restrictions (regardless of efficacy). The needle moves left a little here, right a little there, but the core of 2A and the societal effects are untouched.
The huge number of suicides get shuffled off to ‘we need better mental health’ soundbites and individual responsibility to ‘reach out if you can’t cope’. Red flag laws may not survive court challenges surrounding due process post-Heller ruling with strict scrutiny, but there needs to be something there for imminent harm prevention.
Taking guns away from domestic abusers gets a pass because both sides don’t dare pull on that thread, lest 25-40% of police officers be disarmed because they abuse their partners. Best we can do for 4473 denials for those under restraining order, and prior convictions apparently?
There’s hope for a positive way forward, but it’s not done by laser focusing on the problem as a purely gun issue. It’s a mixture of social and economic issues that manifest largely in intra-community violence, and while I’ve only seen Oakland CA take a crack at untangling that one, they’ve seen results already.
You can prosecute someone for lying on a 4473, but they don’t.
It’s still a crime that’ll get you 5 years though. If prosecutors routinely drop/plea away gun charges that’s a judicial issue that should be addressed. Mandatory minimums are not a good solution, but there’s apparently reduced interest in securing convictions for gun charges versus drug and/or violent crimes
Persons convicted of domestic abuse are prohibited from owning or possessing a firearm. It is a crime for a prohibited person to attempt to purchase a firearm. I only meant to point out that there is an opportunity to go a step further than just denying the sale at the 4473 stage.
I agree.