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California Defies SCOTUS by Imposing Myriad New Restrictions on Public Gun Possession
Reason ^ | 12.1.2023 3:05 PM | JACOB SULLUM

Posted on 12/01/2023 2:54:03 PM PST by E. Pluribus Unum

By banning firearms from a long list of "sensitive places," the state is copying a policy that federal judges have repeatedly rejected.

A California law that is scheduled to take effect on January 1 will impose a host of new restrictions on public possession of firearms. That may seem counterintuitive, since Senate Bill 2 is the state legislature's response to the U.S. Supreme Court's June 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which upheld the Second Amendment right to carry guns for self-defense outside the home. But California, like several other states with discretionary carry-permit policies that had to be revised because of Bruen, is attempting an end run around that decision by simultaneously making permits easier to obtain and much harder to use.

In Bruen, the Supreme Court said states may not require permit applicants to demonstrate "a special need for self-protection distinguishable from that of the general community." Accordingly, S.B. 2, which Gov. Gavin Newsom signed into law on September 26, eliminates California's "good cause" requirement, along with a similarly amorphous "good character" criterion (although it still disqualifies applicants deemed "reasonably likely" to pose a danger to themselves or others). By limiting the discretion of licensing authorities, S.B. 2 notes, those changes could have opened the door to "broadly allowing individuals to carry firearms in most public areas." Deeming that outcome intolerable, legislators instead decreed that guns may not be carried in most public areas.

Copying the constitutionally dubious approach taken by states such as New York, New Jersey, Maryland, and Hawaii, S.B. 2 designates myriad locations as "sensitive places" where guns are not permitted. It also establishes a default rule that people may not bring guns into a business unless the owner "clearly and conspicuously posts a sign at the entrance..."

(Excerpt) Read more at reason.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government; Politics/Elections
KEYWORDS: banglist; bruen; caliaholes; california; ccw; frpottymouths; noclassonfr; scotus
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1 posted on 12/01/2023 2:54:03 PM PST by E. Pluribus Unum
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To: E. Pluribus Unum

People are going to HAVE to grow a pair and ignore crap like that. We’re NOT all going to make it through what’s coming, people have to choose whether they are going while standing up or kneeling down.


2 posted on 12/01/2023 3:17:05 PM PST by GrumpyOldGuy
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To: E. Pluribus Unum
people may not bring guns into a business unless the owner "clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that licenseholders are permitted to carry firearms on the property."

As usual, California continues to do the opposite of what most of the saner states do. Our politicians love to waste taxpayer money on federal litigation.

This also changes the norm, since before the law CCW holders were generally permitted to carry into businesses. Now, they are rendering a CCW permit essentially worthless. It's tantamount to making "shall issue" into "no issue" and thus won't likely be upheld in federal court.

3 posted on 12/01/2023 3:17:46 PM PST by monkeyshine (live and let live is dead)
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To: E. Pluribus Unum

They are in rebellion.


4 posted on 12/01/2023 3:22:01 PM PST by dljordan
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To: E. Pluribus Unum

5 posted on 12/01/2023 3:24:35 PM PST by BenLurkin (The above is not a statement of fact. It is either opinion, or satire, or both.)
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To: E. Pluribus Unum

LOL...Wonder if the new law prohibits CA businesses from posting signs requiring the carrying of firearms?


6 posted on 12/01/2023 3:26:13 PM PST by PerConPat (A politician is an animal which can sit on a fence and yet keep both ears to the ground.- Mencken)
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To: monkeyshine

Its european and asian in its legal change.

US law is basically something is legal/ok to do unless explicitly prohibited by law.

European/Asian law is basically something is illegal unless explicitly approved by law.

You can see how one view falls under the positive rights/laws mentality, and the other falls under the negative rights/laws mentality.


7 posted on 12/01/2023 3:40:22 PM PST by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: E. Pluribus Unum

Gavin Newsom:

“How many divisions does Chief Justice Roberts command?”


8 posted on 12/01/2023 3:52:54 PM PST by Oscar in Batangas (An Honors Graduate from the Don Rickles School of Personal Verbal Intercourse)
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To: E. Pluribus Unum

If carrying a gun is a risk, why aren’t there mass shootings at gun shows?

A gun dealer at a recent gun show would not sell a gun to a Democrat. They had to put their hand on his bible and swear they didn’t vote for Biden. He told me he had a guy who want to buy a gun from him but hated Trump. He said he passed up the sale.


9 posted on 12/01/2023 3:59:06 PM PST by IAGeezer912 (One out of every 20 people on the face of the earth are Americans. We have won life's lottery.)
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To: E. Pluribus Unum

Man! I can’t keep up with the new regulations! Here are the old ones.

Handgun and rifle registration-Check.
Background checks-Check.
Ban on A-s-s-ault rifles.-Check.
Ten day Waiting Periods-Check.
Red Flag law-Check
FBI checks-check.
Only California approved hand guns allowed-Check.
Tax on ammo-Check.
Background check for ammo purchases-Check.
Age limit of 21 for all guns. Check.
Limits to where you can carry a legal licensed concealed firearm-Check!
Micro-stamping -Check.
Age limit for ammo-Check.
Gun free zone-Check.
Ban on large magazines-Check.
No private individual sales-Check.
No buying out of state and bringing them into California.

So what new scheme and dream will they come up with..
So what is next without a total ban!


10 posted on 12/01/2023 4:07:59 PM PST by Ruy Dias de Bivar
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To: monkeyshine
Will there be a "need" for "clearly and conspicuously posts a sign at the entrance of the" freeway that allows licensed drivers onto the road?

How about signs "clearly and conspicuously posting a sign at the entrance of the" homeowners bathroom that allows them to go in and take a democrat uhhh, dump.

.

11 posted on 12/01/2023 4:09:24 PM PST by TLI (ITINERIS IMPENDEO VALHALLA)
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To: BenLurkin

Can you imagine that crazy guy being POTUS


12 posted on 12/01/2023 4:15:35 PM PST by abbastanza
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To: abbastanza

“Can you imagine that crazy guy being POTUS?”

Absolutely I can! I’m not sure what is worse: Newsome with the access codes to launch, or Biden, with the Officer carrying a briefcase with clean diapers and a fresh pair of pants following him around, and Lord only knows who actually has authority to launch.


13 posted on 12/01/2023 4:25:52 PM PST by Dogbert41 (“Blessed are the peacemakers, for they will be called children of God” -Matthew 5:9)
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To: E. Pluribus Unum

Simple remedy. States can use their anti-klan laws to declare California politicians as terrorists. Then issue arrest warrants to prevent the fascists from traveling to these states.


14 posted on 12/01/2023 4:43:07 PM PST by sergeantdave (AI is the next iteration of a copy and paste machine.)
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To: Secret Agent Man

Yes: Born Free (Natural Rights) vs. Rights are granted/revoked by the regime.


15 posted on 12/01/2023 5:05:00 PM PST by In_Iowa_not_from
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To: E. Pluribus Unum

All we need is a Constitutional Amendment Guaranteeing Equal Protection Under the Law for All citizens, where all laws apply to all people without exception.


16 posted on 12/01/2023 5:28:02 PM PST by eyeamok
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To: E. Pluribus Unum

We are at the point where these evil politicians need to be jailed permanently for the good of the human race.


17 posted on 12/01/2023 7:18:30 PM PST by Boomer (The Long Winter is coming...)
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To: BenLurkin

The True and accurate definition of “SMARMY”.


18 posted on 12/02/2023 8:24:15 AM PST by unread (I pledge allegiance to the flag of the United States of America, and to the REPUBLIC..!)
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To: GrumpyOldGuy
People are going to HAVE to grow a pair and ignore crap like that.

Somebody needs to be willing to get arrested. Then appeal to the SCOTUS immediately.

19 posted on 12/02/2023 8:26:29 AM PST by MinorityRepublican
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To: E. Pluribus Unum

Are they going to secede from the Union? Huh? Are they? Are they?

Pickets at the border will sissy-slap all red-staters who attempt to cross the border. Mag-light Mark is heading there now./;D


20 posted on 12/02/2023 8:27:53 AM PST by Eleutheria5 (Every Goliath has his David. Child in need of a CGM system. https://gofund.me/6452dbf1. )
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