Our friends at the California Rifle & Pistol Association recently took the next step in their fight against that state’s “sensitive places” law. Senate Bill 2 passed this summer and was signed into law by Governor Gavin Newsom along with a spate of other gun control legislation.
CRPA filed a reply to the state's brief opposing a motion for a preliminary injunction in the the case of May, et al v. Bonta. The OCurt will hold a hearing on the motion on December 5. If CRPA’s motion is granted, it would bar the new law from taking effect until the case is fully decided. Currently, SB 2 would be effective and enforceable as of January 1, 2024.
In addition to prohibiting concealed carry in a broad range of “sensitive places”, as we’ve seen attempted in states like Hawaii, New York, and New Jersey, the new law also creates new requirements that CCW applicants prove they are not a “disqualified person”, which allows subjective criterion to be used to deny CCW applications. California’s “good cause” requirement for CCW’s was ruled unconstitutional by the Supreme Court in its Bruen decision in June 2022 for just that reason.
The Second Amendment Law Center will support CRPA’s case with an amicus campaign that provides legal and historical context that will assist the court in properly applying the Bruen standard.
This case represents one of the many cases pending across the country that will test how courts apply, or misapply the Bruen standard. Anti-2A jurisdictions argue for a weak Bruen standard similar to the toothless standard of review they’ve been accustomed to for decades. Rather than being pressed to find a true historical analog for new restrictions, anti-gun-owner states argue (as they did in Rahimi) that they should be able to apply a “level of generality” as they look at any and all sources to find even the most tenuous justification. If such a methodology becomes pervasive, the Bruen “standard” would be easy to overcome, and many gun laws would be upheld. So the stakes are high for the Second Amendment.
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