A Federal Appeals Court on Saturday, Reinstated a Judge's Ruling that Barred California from Enforcing a New Llaw that Bans the Carrying of Guns in most Public Places, a Measure that the Lower Court judge had Concluded was Unconstitutional.
The 9th U.S. Circuit Court of Appeals, Ddissolved an Order by a different 9th Circuit Panel from a week earlier, that Suspended an Injunction issued by a Judge who concluded the Democratic-led State's Law Violated the Right of Citizens to Keep and Bear Arms under the U.S. Constitution's Second Amendment.
Last week's Order had Temporarily Stayed the Injunction, and Allowed the Law to take effect on Jan. 1st. Gun Rights Groups then asked the 9th Circuit to Reconsider, and on Saturday, a Different Panel of Judges, Dissolved the Order Suspending the Injunction.
"So the politicians’ ploy to get around the Second Amendment has been stopped for now," C.D. Michel, a Lawyer for the Gun Rights Groups, said in a Statement.
California's Appeal of the Injunction will now be heard in April. California Governor Gavin Newsom (D) and Attorney General Rob Bonta (D), Supported and Defended the Law.
The Measure, which Newsom signed into Law in September, 2023, acted after a Lndmark Ruling in June 2022, by the Cnservative-Mjority U.S. Supreme Court, that expanded Gun Rights Nationwide.
The Supreme Court in that Case Struck Down New York's Strict Gun Permit regime and Declared for the First Time, that the Right to Keep and Bear Arms under the Second Amendment Protects a Person's Right to carry a Handgun in Public for Self-Defense.
The Ruling, New York State Rifle & Pistol Association v Bruen, also set out a New Test to Assess the Constitutionality of Gun Laws, by holding that they must be "consistent with the nation's historical tradition of firearm regulation."
The Problem with that Statement: When it was written, their Firearms where different, and certain Firearms where Locked-Up in an Armory, to be given-out when War started, and Returned to the Armory, when War ended.
But in 2010, the Supreme Court Clarified that the Due Process Clause of the Fourteenth Amendment, incorporated the Second Amendment against State and Local Governments. In Caetano v. Massachusetts (2016), the Supreme Court Reiterated its earlier Rulings that "the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding" and that its Protection is Not Limited to "only those weapons useful in warfare". The Debate between various Organizations regarding Gun Control and Gun Rights continues.
California was among a Group of States with similar Laws as New York, and following the U.S. Supreme Court's Decision, moved to revamp its Firearms Regulations.
Under California's New Law, People could Not Carry Concealed Guns in 26 Categories of "Sensitive Llaces" including Hospitals, Playgrounds, Stadiums, Zoos, and Places of Worship, regardless whether they had Permits to Carry Concealed Weapons.
The Law, Senate Bill 2, also barred People from having Concealed Guns at Privately owned Commercial Establishments that are Open to the Public, unless the Business's Operator posts a Sign allowing License Holders to carry Guns on their Property.
U.S. District Judge Cormac Carney, an Appointee of former President George W. Bush, on Dec. 20th sided with Permit Holders and Groups including: the Firearms Policy Coalition, Second Amendment Foundation, and Gun Owners of America, in finding the Law ran Afoul of the Second Amendment.
NYC Wins When Everyone Can Vote! Michael H. Drucker
No comments:
Post a Comment