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9th Circuit Appeals Court Again Steps on the #2A

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A judge banging a gavel

As expected, the 9th Circuit Court of Appeals reversed an injunction that stopped California’s broad, unconstitutional blanket-law of prohibited locations for lawful concealed carry permit holders. On December 30, a motions panel issued an administrative stay, in order to give the merits panel time to decide the motion for stay pending appeal.

As we reported in December, a district court shot down SB2 with a preliminary injunction. The extra-constitutional law is very similar to that in New Jersey and New York and bans:

  • concealed carry in 26 “sensitive” categories of places
  • standard capacity magazines
  • adds new criteria relating to “disqualified persons”

Following the pattern of many other such lawsuits, the Appeals court overturned the district court’s pro-Second Amendment ruling, giving deference to the State’s unconstitutional enforcement and leaving law-abiding citizens defenseless against criminals in most public places.

The 9th Circuit’s administrative stay was limited to two paragraphs, contained very little detail, and seems to be left open-ended in terms of resolution for a timeframe, a position to the State’s advantage and to the law-abiding citizen’s disadvantage.

In a statement on their site, the CRPA (California Rifle & Pistol Association), who has been representing the plaintiffs in the suit, said, “…the ruling continues the trend of anti-2A judges manipulating the interpretation of the Bruen decision to justify their pre-determined ends.”

We will continue to cover this story.

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