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California: Justice blocks Gavin Newsom's law to prohibit the carrying of weapons in public

The courts determined that the rule takes away the right to self-defense and violates the Second Amendment. The state will appeal the decision.

Gavin Newsom

(WANG Zhao / AFP)

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Justice has provisionally blocked the law that would prohibit the carrying of weapons in public places in California. The rule -enacted in September by the governor of the state, Gavin Newsom, and which was to come into force as of January 1, 2024, takes away from citizens their right to self-defense and the protection of those close to them, in addition to violating the Second Amendment, as explained by the courts.

Cormac Carney, judge of the United States District Court for the Central District of California, said the law is "repugnant to the Second Amendment and openly defiant of the Supreme Court," arguments that have led him to temporarily filibuster the law of Newsom.

"Although the government may have some valid safety concerns, legislation regulating concealed carry permitholders — the most responsible of law abiding citizens seeking to exercise their Second Amendment rights — seems an odd and misguided place to focus to address those safety concerns," the judge added.

California will appeal

Newsom is one of the leaders who has reflected his enmity with the right to carry weapons in public with greater intensity. His law would "save lives," as he stated, and includes a series of measures such as increasing restrictions on carrying and the creation of a new 11% tax on the sale of firearms and ammunition, the proceeds of which would be allocated to school safety programs.

Faced with the judicial blockade, Newsom counterattacked by ensuring that what is "repugnant" is the precautionary measure filed by Judge Carney:

California Attorney General Rob Bonta joined the criticism, confirming that he will appeal a decision that "would endanger communities by allowing guns in places where families and children gather."

Momentary triumph for defenders of carrying weapons

After Newsom signed the law, the California Rifle and Pistol Association (CRPA), filed a lawsuit to have the rule not come into force, claiming it is illegal and referring to the Supreme Court ruling in New York State Rifle and Pistol Association v. Bruen. This decision determined that carrying a firearm in public was a constitutional right guaranteed by the Second Amendment.

With Judge Carney's ruling in hand, the California Rifle and Pistol Association celebrated its momentary victory in court, pending the appeal of the state Attorney General's Office. "California anti-gun owner politicians refuse to accept the Supreme Court’s mandate from the Bruen case and are trying every creative ploy they can imagine to get around it. This law was an attempt to make permits to carry a firearm to defend yourself or your family useless because permit holders wouldn’t be able to drive across town without passing through a prohibited area and breaking the law," said its president, Chuck Michel, in statements collected by Los Angeles Times.

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