{"id":98731,"date":"2023-12-21T17:27:52","date_gmt":"2023-12-21T23:27:52","guid":{"rendered":"https:\/\/milesfortis.com\/?p=98731"},"modified":"2023-12-21T17:27:52","modified_gmt":"2023-12-21T23:27:52","slug":"98731","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=98731","title":{"rendered":""},"content":{"rendered":"<p><a href=\"https:\/\/bearingarms.com\/camedwards\/2023\/12\/21\/judge-declares-most-of-californias-new-gun-free-zones-cant-be-enforced-n78629\" target=\"_blank\" rel=\"noopener\">Judge Declares Most of California&#8217;s New &#8216;Gun-Free Zones&#8217; Can&#8217;t Be Enforced<\/a><\/p>\n<p>U.S. District Judge Roger Benitez isn\u2019t the only Second Amendment \u201csaint\u201d in California who miraculously adheres to the text, tradition, and history of the right to keep and bear arms. Judge Cormac Carney has delivered a stern rebuke of his own to state lawmakers who imposed a host of new \u201csensitive places\u201d where lawful concealed carry is forbidden, granting an injunction against their enforcement just a little more than a week before the state\u2019s carry-killer legislation known as SB 2 is set to take effect.<\/p>\n<p>In a\u00a0<a href=\"https:\/\/www.courtlistener.com\/docket\/67788828\/45\/reno-may-v-robert-bonta\/\" target=\"_blank\" rel=\"noopener\">43-page opinion<\/a>\u00a0handed down late Wednesday, Carney described SB 2 as \u201crepugnant to the Second Amendment, and openly defiant of the Supreme Court.\u201d The law \u201cturns nearly every public place in California into a \u2018sensitive place,&#8217;\u201d according to Carney, \u201ceffectively abolishing the Second Amendment rights of law-abiding and exceptionally qualified citizens to be armed and to defend themselves in public.\u201d<\/p>\n<p>Carney ruled in favor of the gun owners and Second Amendment organizations who brought the\u00a0<em>May v. Bonta\u00a0<\/em>and\u00a0<em>Carralerro v. Bonta\u00a0<\/em>litigation on\u00a0<em>every one<\/em>\u00a0of their challenges; granting an injunction against the following \u201cgun-free zones\u201d established under SB 2:<\/p>\n<ul>\n<li>Hospitals, mental health facilities, nursing homes, medical offices, urgent care facilities, and other places where medical services are customarily provided,<\/li>\n<li>Public transportation<\/li>\n<li>Establishments where \u201cintoxicating liquor\u201d is sold for consumption on the premises<\/li>\n<li>Public gatherings and special events<\/li>\n<li>Playgrounds and private youth centers<\/li>\n<li>Parks and athletic facilities<\/li>\n<li>Department of Parks and Recreation and Department of Fish and Wildlife property, except hunting areas,<\/li>\n<li>Casinos and gambling establishments<\/li>\n<li>Public libraries, zoos, and museums<\/li>\n<li>Places of worship<\/li>\n<li>Financial institutions<\/li>\n<li>Privately-owned businesses open to the public<\/li>\n<li>Parking areas (including those adjacent to \u201csensitive places\u201d not challenged by the plaintiffs)<\/li>\n<\/ul>\n<p>This is the post-<em>Bruen\u00a0<\/em>carry decision that gun owners have been waiting for. Carney didn\u2019t try to play philosophical games or stretch historical analogues to the point of silliness in order to uphold these \u201cgun-free zones.\u201d Instead, he did exactly what the Supreme Court has instructed judges to do: look at the text of the Second Amendment, as well as the history and tradition of the right to keep and bear arms when determining whether a modern gun control restriction fits within that national tradition.<\/p>\n<p><!--more--><\/p>\n<p>Take the issue of bans in parks and playgrounds, for example. U.S. District Judge Kea W. Riggs has enjoined New Mexico Gov. Michelle Lujan Grisham\u2019s ban on concealed carry in parks from being enforced but denied a request for a similar injunction against her carry ban in playgrounds under the dubious theory that playgrounds are analogous to schools, and are therefore \u201csensitive places\u201d where lawful carry can be prohibited. When Judge Carney took a look at California\u2019s ban, he reached a very different conclusion:<\/p>\n<blockquote><p><span style=\"font-size: 12pt; color: #000000;\">Contrary to the government\u2019s contention and other courts\u2019 conclusions, this regulation is not supported by analogy to the \u201csettled\u201d notion that states may ban firearms in schools. Constitutionally permissible \u201cnew and analogous sensitive places\u201d must be similar to existing sensitive places in both how and why the government burdens the right to carry firearms for self-defense.\u00a0<em>Bruen<\/em>, 597 U.S. at 29\u201330. Regulating firearms at schools is different than playgrounds and youth centers in key ways.\u00a0<\/span><\/p>\n<p><span style=\"font-size: 12pt; color: #000000;\"><strong>Rather than delivering children to the state (sometimes with armed officers) for protection, at playgrounds parents and caregivers remain responsible for their children\u2019s safety without any immediate support<\/strong>.\u00a0 And in contrast to the restricted grounds of a school where unauthorized persons generally may not enter, playgrounds and youth centers are public, unrestricted spaces. Because SB2\u2019s prohibition on CCW permitholders carrying firearms at playgrounds and youth centers eviscerates their ability to defend themselves and their children against attack, the burden it creates on the core Second Amendment right is far greater than the burden created by making schools a sensitive place<\/span><\/p><\/blockquote>\n<p>That\u2019s a more thoughtful and substantive look at the analogy than what we\u2019ve seen from other judges, including Riggs, and it\u2019s indicative of the approach Carney takes when looking at every one of the \u201cgun-free zones\u201d established by SB 2.<\/p>\n<p>The big question at the moment is whether the Ninth Circuit will let Carney\u2019s injunction stand, or if anti-2A judges on the appellate court will play their usual games and stay his decision and allow California to begin enforcing these \u201csensitive places\u201d on January 1.\u00a0We\u2019ll be talking about Carney\u2019s decision in-depth on today\u2019s Bearing Arms Cam &amp; Co with Alan Gottlieb of the Second Amendment Foundation, as well as the other legal challenges to SB 2\u2019s new licensing restrictions and outrageous costs and fees.<\/p>\n<p>No matter what the Ninth Circuit decides, the Supreme Court will have the final say, and the California Rifle &amp; Pistol Association, Gun Owners of America, Gun Owners of California, Liberal Gun Owners Association, Firearms Policy Coalition, Orange County Gun Owners PAC, San Diego County Gun Owners PAC, California Gun Rights Foundation, Reno May, Marco Antonio Carralero, and the other named plaintiffs who challenged these provisions deserve congratulations for their fight, and for a decision that can and will be cited going forward\u2026 including at the highest court in the land.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Judge Declares Most of California&#8217;s New &#8216;Gun-Free Zones&#8217; Can&#8217;t Be Enforced U.S. District Judge Roger Benitez isn\u2019t the only Second Amendment \u201csaint\u201d in California who miraculously adheres to the text, tradition, and history of the right to keep and bear arms. Judge Cormac Carney has delivered a stern rebuke of his own to state lawmakers &hellip; <a href=\"https:\/\/milesfortis.com\/?p=98731\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,24,8],"tags":[],"class_list":["post-98731","post","type-post","status-publish","format-standard","hentry","category-courts","category-rights","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/98731","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=98731"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/98731\/revisions"}],"predecessor-version":[{"id":98732,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/98731\/revisions\/98732"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=98731"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=98731"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=98731"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}