Major part of SB 2 gun law moves forward
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SAN DIEGO– Just weeks after a judge temporarily blocked a state law that bans Californians from carrying guns in most public spaces, late Saturday, a federal appeals court reversed that decision, allowing the law to go into effect in the new year, at least for now.
Signed by the Governor Newsom in September, the law known as SB 2 would have banned Californians from carrying firearms in 26 types of public places including parks, sports stadiums, amusement parks and houses of worship.
Michael Swartz, the executive director of the San Diego County Gun Owners Pac, said SB 2 turns non-sensitive areas into sensitive areas.
“The problem is that it expands it so much that it really leaves nowhere for people to carry for self-defense in public,” said Michael Swartz, executive director, San Diego County Gun Owners Pac.
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Schwartz said the San Diego County Gun Owners Pac exist in protecting the rights of trained, law-abiding gun owners to defend themselves.
Schwartz said they oppose the sensitive areas expansion part of the law and filed a lawsuit.
“By making the entire state a gun free zone will not do anything to keep people safe, in fact it will make people far more vulnerable and unable to stop or prevent a violent crime if it should occur,” Schwartz said.
“I think that that’s a bogus argument. There’s no justification for anyone that thinks and says that you’re taking away their safety when you are taking away their guns,” said Bishop Cornelius Bowser, executive director of Shaphat Outreach, gun violence prevention advocate and former gang member.
Bowser said he helped lobby to get the law passed, and calls the judge’s decision to block the ban on certain public areas unfortunate.
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“If it’s your job, and it’s apart of it, I understand that. But just to be walking around with a gun, when there’s no need for one, what do you need it for? What I thought is they said they need a gun to protect their business and homes, so what does that have to do with public places and these sensitive places we’re talking about,” Bowser said.
In a bid to keep the sensitive area parts of the law alive, Attorney General Rob Bonta said he will appeal the court’s decision.
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In a statement, Bonta wrote:
“If allowed to stand, this decision would endanger communities by allowing guns in places where families and children gather,” said Attorney General Bonta. “Guns in sensitive public places do not make our communities safer, but rather the opposite. More guns in more sensitive places makes the public less safe; the data supports it. I have directed my team to file an appeal to overturn this decision. We believe the court got this wrong, and that SB 2 adheres to the guidelines set by the Supreme Court in Bruen. We will seek the opinion of the appellate court to make it right.”
Senator Anthony J. Portantino (D – Burbank) released the following statement on SB 2:
“As the author of SB 2, I am disheartened that the judge did not let the complete bill go into effect on January 1. Though some provisions have been temporarily stopped, many of the bill’s important public safety proposals will go into effect as legislated. For example, some prohibited places for concealed carry permits will continue to be prohibited, the age limit for purchase, much of the permitting process, and the stronger training requirements will all become law on January 1 as outlined in the bill.
I am also very grateful to Attorney General Bonta who quickly announced that he will appeal the judge’s decision. The Governor, Attorney General and I worked collaboratively to draft SB 2 to enhance the public safety of Californians in direct response to and under the guidelines of the Supreme Court Bruen decision. I am optimistic that California will prevail on appeal to uphold the responsible and necessary law I authored.”
The law also implements new guidelines for Californians seeking to obtain a concealed carry weapons permit, commonly referred to as a CCW.
According to the legislation, CCW applicants must have previous firearms training, be at least 21 years old, provide character references, and go through a background check.
On December 20, U.S. District Judge Cormac Carney ruled against SB 2, arguing it is “repugnant to the 2nd amendment.”
But today, the appeals court determined the law can go into effect on January 1. Per that decision, another panel of judges will make a final ruling later in the new year.
Governor Gavin Newsom has long backed SB 2, arguing it will make California safer. He issued a statement in support of today’s ruling, “This ruling will allow California’s common-sense gun laws to remain in place while we appeal the district court’s dangerous ruling. Californians overwhelmingly support efforts to ensure that places like hospitals, libraries and children’s playgrounds remain safe and free from guns.”
Eytan Wallace contributed to this report
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