Stay on California Carry Dissolved by three judge Panel in Ninth Circuit

 

On December 20, 2023, US District Judge Cormac J. Carney issued an order granting a preliminary injunction against the defendants (the State of California government). The injunction stopped the state from enforcing the blatantly unconstitutional SB-2 law declaring most of California as "sensitive places" where even licensed concealed carriers were forbidden to carry arms in public.

The state asked for an order to stop the injunction from going into effect on December 22, 2023. The stay was granted on December 30, 2023, by an administrative three judge panel of the Ninth Circuit. The stay was appealed to the Ninth Circuit three judge merits panel on January 3, 2024. From the appeal:

With the December 30, 2023, administrative stay of the District Court’s December 20, 2023 injunction, (Dkt. No. 17) the Second Amendment-protected right to carry a firearm outside of the home has been effectively destroyed in California for all people with concealed carry weapon permits (“CCW permits”). 1Plaintiffs-Appellees, as well as all other Californians with existing CCW permits, can no longer carry their handguns in any public place except some streets, sidewalks, and at the few private businesses that have posted signs affirmatively allowing carry on their private-premises. This extraordinary curtailment is the result of Senate Bill 2 (“SB 2”) taking effect this week.

SB 2 was enacted in response to the United States Supreme Court’s landmark ruling that recognized a “general right to publicly carry arms for self-defense.” New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597 U.S. 1, 31 (2022). SB 2 thus represents California’s attempt to defy the U.S. Supreme Court and it not the district court’s preliminary injunction -- interrupts the status quo ante of “where” people with carry permits can exercise their right to armed self-defense. California’s defiance includes a plan to lure this Court’s into treating the Second Amendment as a disfavored right. But doing so would gut the right of self-defense and put peoples’ lives in danger. That is the urgency that attends the State’s motion for a stay. That is the reason this motion must be addressed in haste.

On  January 6, 2024, the emergency stay was dissolved by the three judge merits panel. Only two of the three judges on the merits panel were available. Both of them agreed to keep the injunction preventing the California law, SB-2, from going into effect. Both agreed to deny the stay pending appeal.

The administrative stay previously entered (Docket Entry No. 10 in 23-4354; Docket Entry No. 17 in 23-4356) is dissolved. The emergency motion under Circuit Rule 27-3 for a stay pending appeal and for an interim administrative stay (Docket Entry No. 4 in No. 23-4354; Docket Entry No. 4 in No. 23-4356) is denied pending further order of the court.

The three judge merits panel has restored the status quo to California concealed carry permit law to what it was before the unconstitutional SB-2 was passed.  The plaintiffs  reminded judges the ability of judges to carry in public places was put in jeopardy by SB-2. The Introduction started with these words:

Judges, prosecutors, victims of stalkers and domestic violence, and even people who are targets for robbery

Many judges in California have carry permits. SB-2 took away judges and prosecutors rights along with all others who have California carry permits. Judges and are not granted a special privilege to carry without a permit, as they are in some states. They can usually get permits easier than "common folk", but they are still required to obtain a permit.

©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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