Sutter County sheriff, DA take stand against new state gun laws
YUBA CITY — A potential statewide legal fight may be brewing in Yuba City where the county sheriff and district attorney say they won't impede on their constituents' constitutional rights, even if it may violate state law.
Sutter County District Attorney Jennifer Dupre and Sutter County Sheriff Brandon Barnes are taking a stand saying they won't enforce a new state law that bans people with concealed weapon permits from bringing a gun to most public places.
"I think there are so many questions that haven't been answered," Dupre said of the law. "There are so many unattended consequences that might occur."
The law they are referring to is Senate Bill 2.
"We've gotten no guidance," Dupre said. " Then, it just got enacted, got stayed, and then the injunction got lifted. So we're all shooting in the dark somewhat, too."
So how is it possible to not adhere to a new law?
"They wanted to know, basically, from my office's point of view: is there going to be blanket prosecution in every single case?" Dupre said before explaining they would never do that.
A federal district judge originally blocked the law from going into effect, but just days later, a federal appeals court reversed the decision while it went through litigation.
"It's pretty rare to have an injunction lifted so quickly and by another court," Dupre said.
Some Sutter County residents like Marysville resident Henry Chimes, who owns union guns and gear, agree with the move.
"Most of the citizens here believe in the Second Amendment and the right to bear arms and carry arms in a lawful manner," he said.
Chimes also expressed concern about the murkiness of where federal law ends and state law begins.
"It's now getting confusing. There's people who are unhappy with it, and it's going to be a problem," he said.
State Senator Anthony Portantino wrote the original bill.
"We're not the Wild West. We might be California, and we might be on the West Coast, but you have to have some sanity in these conversations," Portantino said.
California Governor Gavin Newsom has argued in the past that it is meant to target bad actors and "is not about attacking law-abiding gun owners."
Newsom and California Attorney General Rob Bonta have both called Senate Bill 2 a common-sense gun safety law.
In a statement released to CBS13 on Friday, Bonta said he sponsored the legislation "to strengthen our concealed carry weapon laws and help keep people safe from the scourge of gun violence. I look forward to continuing to defend this commonsense, constitutional gun law in court."
Dupre says those who get hurt, however, are those following the law.
"Somebody was asking me how many cases we've had involving people with CCWs, and, granted I've only been in office a year, we've had zero," she said.
A federal appeals court put a temporary hold on the injunction, but the state could still face a legal challenge that could overturn the law.