Governor Gavin Newsom and the California legislature crafted a gun law intended to limit the places where it was legal to have a gun. That law was struck down by a federal judge who said it was “repugnant” and stripped gun owners of their rights. The judge referred to the Supreme Court’s Bruen decision last year that overturned New York state’s strict gun laws.
Let’s get this right: Restricting guns is repugnant but mass murders are not. Or, maybe mass murders are less repugnant than restricting the right to carry a gun almost anywhere.
The Los Angeles Times reported:
A new California law that would bar licensed gun holders from carrying their firearms into an array of public places will not go into full effect on Jan. 1 as scheduled, after a federal judge blocked major parts of it as unconstitutional Wednesday.
The law, Senate Bill 2, was part of a slate of new gun control measures passed this year by California Democrats in response to two things: a sweeping U.S. Supreme Court ruling that reined in gun control measures nationally last year, and several high-profile mass shootings in the state this year — including in Half Moon Bay and Monterey Park.
In his decision to block the law Wednesday, U.S. District Judge Cormac J. Carney wrote that the law’s “coverage is sweeping, repugnant to the Second Amendment, and openly defiant of the Supreme Court.”
Gov. Gavin Newsom, who signed the bill into law and has called for tougher gun restrictions in the state and at the national level, immediately swung back with his own statement in defense of the measure.
“Defying common sense, this ruling outrageously calls California’s data-backed gun safety efforts ‘repugnant,’” Newsom said. “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.”
California Atty. Gen. Rob Bonta, in his own statement, said Carney “got it wrong,” and the state will appeal his decision to a higher court.
The law would have precluded licensed gun carriers from having their firearms on public transportation, at public gatherings and special events, in parks and at playgrounds, in stadiums, arenas and casinos, in medical facilities, religious institutions or financial institutions, anywhere that liquor is sold and consumed, in all other private commercial spaces where the owner has not explicitly posted a sign to the contrary, and in many parking areas, among other places.
Democrats had championed the law as a workaround to the Supreme Court’s decision in New York State Rifle & Pistol Assn. vs. Bruen last year, which held that sweeping restrictions on licensed gun holders to carry their weapons in public were unconstitutional, in part because they stripped those people of their constitutional right to self-defense.
The Bruen decision made certain exceptions, including for bans on guns in certain “sensitive places” that historically had been protected from gun holders — such as in schools and courtrooms. State Sen. Anthony Portantino (D-Burbank) introduced SB 2 as a means of extending the list of “sensitive places” under California law.
The law was to apply to concealed-carry permit holders in major metropolitan centers such as Los Angeles but also to open-carry permit holders in rural, less populated parts of the state.
In his ruling Wednesday, Carney, an appointee of President George W. Bush, said the new law went too far — as the “sensitive places” exception cited by the Supreme Court had to do with relatively few, historically restricted places, not most public spaces in society.
He said an injunction against the law taking effect as litigation in the case continues was warranted because those suing the state over the measure are likely to win their case and would suffer “irreparable harm” if they weren’t allowed to carry their firearms in the meantime.
That last line is rich. Gun owners will suffer “irreparable harm” if they can’t bring their gun to a hospital or church or a public park or a playground.

They don’t call ’em Repugnicans fer nuttin’ …
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Rethuglicans???
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One more, unsafe state to go to or to, live in in the, U.S.
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Stripped gun owners of their right???? HUH? Wonder who PAID this judge for that hideous ruling?
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Living in a society where the unhinged and angry have easy access to guns interferes with everyone else’s right to “life, liberty and the pursuit of happiness,” IMO. Why do gun and religious rights supersede all other rights?
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The right to carry a gun is more important than the right to life, in the eyes of the GOP.
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Here’s what is important: If I don’t like something, I can kill it. Take for example the ruling in Colorado. Now, the judges (who followed Constitutional law to the letter) are being threatened with the likes of “…let’s kill these mother f-ers..” And, if one actually studies the Second Amendment, it was written to “…have a controlled militia…” not to have the right to carry AR15s for hunting, err…people.
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It’s just hideous that we don’t have stronger laws regarding guns given all the slaughters and massacres that this country has endured. There should be a waiting period, testing and vetting of the prospective gun buyer, mandatory gun insurance, training and educating about the responsibilities of gun ownership. The guns should be under lock and key, especially if there are kids in the home. Never going to happen given the stalling and blocking maneuvers of the GOP and NRA (GONRAP).
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The insanity of all this is that the Supreme Court has demanded that challenges to gun legislation be similar to gun laws at the time of the founding.
One problem is that they don’t know what those laws were. More to the point, they ignore why laws and customs changed over time.
Saul Cornell’s excellent A Well-Regulated Militia is historically-based, as opposed to “law office history”-based, and clearly describes the multitude of laws in effect at the time of the Founding. But the more important lesson one gets from Cornell is the fact that the Second Amendment was firmly rooted in conditions as they were in the late 1780s. And he shows that the amendment was specifically tied to the states’ reliance on their militias as the sole military and peace-keeping institution existing at the time.
I strongly urge anyone interested in how we got to the present schools of thought regarding the amendment, and why they’re wrong, to read this book.
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Just downloaded a sample of the book.
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It’s worth reading. Cornell is a fine historian.
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The core issue with gun control legislation is whether the Second Amendment protected the right of every individual to own guns and the necessity of having a “well-regulated militia.”
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
As I read this, it pertains to the militia, which had many volunteer members. I would not construe it to say that every person is a militia member or potential member.
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Thanks for the recommendation, jsr!
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What’s rich is that the judge doesn’t have to worry about himself – his courtroom is one of those “sensitive places”. That smacks of hypocrisy. Every place is a sensitive place.
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When did California get jurisdiction over federal buildings?
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I’m not surprised. Some judges have now become political tools for the extreme right as they use judges as weapons in their war to destroy the United States as a sane democracy and replace it with a dystopian theo-libertarian fascist nightmare like what Florida is becoming under Dangerously Deranged DeSantis, where they claim the freedom to take away our freedoms.
“Carney was nominated to the United States District Court for the Central District of California by President George W. Bush (R) on January 7, 2003. Carney was confirmed by the United States Senate on April 7, 2003, on a Senate vote and received his commission on April 9, 2003.”
For me, this decision is one more reason to restrict my supply runs more, and never eat out in public in a restaurant again.
California will appeal but with the U.S. Supreme court’s extreme right majority the odds are against rational gun laws in blue states.
Maybe I should buy some stock in companies that produce bullet proof vests that cost about the same as a 9mm Glock. Even though I have a firearm save with several firearms in it, I don’t plan to carry any of my ballistic weapons in public.
By the way, slugs of metal fired from a pistol or rifle are small dumb bombs with little to no control where they go and what they hit.
“Plywood will not stop any 9mm Luger caliber bullet that I know of. Even frangible bullets like a Glaser Safety Slug will penetrate a four or five sheets at a minimum.”
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Lloyd, right before I left teaching, I continued to think, “There are only two ways out of here. That door and the back door. Anyone can come here at any time, what’s the plan, Charvet?” Fish in a barrel. I talked to my School Resource Officer and asked (now that shootings were becoming more common) if they offered training or should I simply invest in a Kevlar vest. Of course, as always, no response, but our thoughts and prayers are with you.
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Lloyd,
The hypocrisy of the California gun decision is obvious. The Supreme Court said that each state should write its own abortion laws. But the same principle does not apply to guns.
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Originalist = PUDOKAUSHATEL
Person Utterly Devoid Of Knowledge About U.S. History And The English Language
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The Supreme Court majority is Originalist when it fits their ideology. It believes in states’ rights when it fits their ideology. They aim for the result they want and use the reasoning that produces that result.
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Not taking guns like australia, Israel and other places. Otherwise this communist government run by this communist dicators will take over everyones rights. Hysterical the projection from media calling trump fascist and dictator when he is not. Your brains are long gone cannot wait until you see epstein flight list with all your favorite celebrities, clinton etc.
Michael Obama going to try and run for office, how pathetic.
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I heard Trump has extremely foul body odor. Nothing worse than that. Makes sense given his diet.
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Carnac the Magnificient holding the white envelope above his head, eyes closed, channeling only what he knows. . .
“What is the continued mass killings of innocents in America?”
Question: The result of U.S. District Judge Cormac J. Carney’s ruling allowing the carrying of guns anywhere.
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