Local sheriffs question California's concealed carry ban being in limbo
SACRAMENTO — A new California law that bans people from carrying firearms in most public places was once again blocked from taking effect Saturday as a court case challenging it continues.
The legal back-and-forth fight over Senate Bill 2 began shortly after Governor Gavin Newsom signed it into law in September. Since then, several legal challenges have plagued the progressive law including a recent move by the 9th Circuit Court of Appeals.
A panel dissolved a temporary hold on a lower court injunction blocking the law. The hold was issued by a different 9th Circuit panel and had allowed the law to go into effect on Jan. 1.
The law prohibits people from carrying concealed guns in 26 types of places including public parks and playgrounds, churches, banks and zoos. The ban applies regardless of whether a person has a concealed carry permit.
Saturday's decision keeps in place a Dec. 20 ruling by U.S. District Judge Cormac Carney blocking the law. Carney said that it violates the Second Amendment and that gun rights groups would likely prevail in proving it unconstitutional.
A number of Northern California law enforcement agencies have questioned the constitutionality of the law including the San Joaquin Sheriff's Office. Sheriff Patrick Withrow took to social media saying they have gotten questions from the public over what the law would change.
"We're going to handle it like we handle every law that comes our way, enforce it how we see best for our county. We're going to handle it like the COVID issue, we find education is the best way," Withrow said. "Let's just kind of wait right now and see- which way this law goes and what the courts do with it."
Other agencies like Placer County are calling on the public, specifically concealed carry weapon permit holders, to contact elected officials over the law.
"I do question the constitutionality of some of the changes of where concealed carry holders can carry," said Placer Sheriff Wayne Woo. "Just like it is in Placer County, I assure you, they are not the ones committing gun violence, they are law-abiding citizens."
Newsom has positioned himself as a leader on gun control and says he will keep pushing for stricter regulations. He vowed to fight the legal challenges and continue fighting for gun safety laws in California.
The 9th Circuit Court plans to take up the matter again in April.
