Judge blocks California gun provisions from going into effect in Stanislaus, other counties


Provisions of a state gun law, written in response to mass shootings, won’t go into affect next week in Stanislaus and other counties in California, because of a U.S. District Court decision.

Senate Bill 2, which was signed into law by Gov. Gavin Newsom and caught the attention of gun right advocates, expanded the list of public places where permitted gun holders could not carry a concealed weapon.

The bill by Democratic Sen. Anthony Portantino of Southern California called for banning concealed guns at public gatherings and events, on public transportation and in amusement parks, stadiums, casinos, parks, churches, parking lots, bars and medical facilities.

U.S. District Judge Cormac Carney ruled the restrictions in SB 2 were unconstitutional because they removed a person’s right to self-protection.

State elected officials in the Stanislaus region favored the Dec. 20 court decision. Sen. Marie Alvarado-Gil, a Democrat whose District 4 includes Stanislaus and 12 other counties, noted the state law was criticized by constituents and gun rights advocates within her district.

“I am pleased with Judge Carney’s decision to protect the constitutional rights of our law-abiding citizens in California who have been granted a concealed weapons permit,” Alvarado-Gil said in a recent news release. “The Second Amendment is a cornerstone of our nation’s history, and while we recognize the importance of public safety, it is imperative that we strike a balance that respects the rights of responsible gun owners.”

Her news release went on to cite a need for “thoughtful and comprehensive legislation” to address public safety concerns while maintaining the rights of citizens.

Assemblyman Juan Alanis, R-Modesto, cast one of the 21 Assembly votes against the senate bill, tweeting in September that it was an “unconstitutional attack on legal gun owners & concealed carry holders.”

And in a Facebook post Dec. 21, Stanislaus County Sheriff Jeff Dirkse said of the judge’s decision, “Good news!”

Senate Bill 2 was in response to a U.S. Supreme Court ruling last year that weakened gun control laws across the nation. Supporters of the bill also said it would help prevent mass shootings in California.

The Supreme Court’s conservative majority, in ruling on a New York case, said many restrictions on where permitted gun holders could carry a firearm were unconstitutional. But the nation’s highest court continued to recognize laws banning guns in a small number of “sensitive places,” such as legislative meetings, schools and courtrooms.

The California law attempted to expand the sensitive public settings where firearms could be outlawed. But critics said the bill went too far.

Newsom reacted to the district court decision in a Dec. 22 tweet: “A judge has decided that guns should be allowed at our playgrounds, places of worship, hospitals or libraries. That should serve as a wake up call for everyone.”

He added that “right wing judges are going to continue to do the bidding of the National Rifle Association — no matter what state you live in.” Carney was appointed in 2003 by President George W. Bush.

State Attorney General Rob Bonta promised to appeal the district court decision on SB 2.

The district court ruling does not affect laws prohibiting guns in state and local government buildings, airports, school zones and legislative offices. Those remain in effect.

Other parts of SB 2 will go into effect Jan. 1, including enhanced licensing measures, a minimum age of 21 to obtain a concealed weapon permit, and additional training requirements on proper handling, loading, unloading and firearms storage.

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