California’s off-again, on-again new law banning carry for concealed carry permit holders in more than two dozen locations is off again.

As many TTAG readers likely recall, on Dec. 20, U.S. District Judge Cormac Carney granted a preliminary injunction blocking the “sensitive places” portion of the state’s new carry law. At the time, Judge Carney called the law “repugnant.”

“Although the government may have some valid safety concerns, legislation regulating [concealed carry] permit holders—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,” Carney wrote in his ruling.

Just 10 days later, however, a three-judge panel of the 9th U.S. Circuit Court of Appeals put Carney’s injunction on hold pending further review by that circuit court.

“The district court’s preliminary injunction issued on December 20, 2023, is temporarily stayed pending resolution of the motion for a stay pending appeal by the merits panel,” the court wrote. “In granting an administrative stay, we do not intend to constrain the merits panel’s consideration of the merits of these appeals in any way.”

On Saturday, however, a last-minute appeal by the California Rifle & Pistol Association (CRPA) resulted in the 9th Circuit court lifting the stay on the district court’s earlier injunction, once again blocking the law from being enforced.

“The emergency motion under Circuit Rule 27-3 for a stay pending appeal and for an interim administrative stay, the supplements, responses, and replies thereto, have been referred to the merits panel and the case is calendared for argument in April,” the court wrote. “The administrative stay previously entered is dissolved.”

The law would have banned permit holders from carrying concealed firearms in 26 different places, including churches, banks, hospitals and on public transportation.

In the Dec. 20 District court ruling, Judge Carney had said the state completely failed in its arguments that the law meets the second Bruen standard—whether it was consistent with the nation’s historical tradition of firearm regulation.

“Given the nation’s history and tradition of protecting the core right to carry a firearm to those wishing to defend themselves and their families in case of confrontation, it is unsurprising that the government does not offer a single historical prohibition on carrying firearms at hospitals or medical offices, much less one limiting carry by a category of people that is particularly responsible and trained and whom the government has background checked,” Judge Carney wrote. “And the government has presented no evidence that this balance supports preventing people who have been through a thorough background check and training process to obtain a special permit to carry a concealed weapon from exercising their constitutional right to self-defense on public transportation.”

With the latest ruling, that part of the law will remain blocked until the 9th Circuit rules on the merits of the case sometime in the future.

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27 COMMENTS

    • We return to the status quo prior to January 1. To those who claim that our children will be at risk and blood will flow in the streets, it is sufficient to note that the Legislature and the Governor were more concerned about thumbing their noses at SCOTUS/Bruen than actually doing anything to prevent “gun violence,” since there was no evidence that CCW holders were engaging in acts of illegal “gun violence.

      • Exactly why I said what I did. A slightly different worded law will be passed in the next session of the California legislature. With the same objective. That will require a new round of court cases. All the while accomplishing the same goal. Denying law abiding citizens their 2nd Amendment Rights.

        • Remember, kids, you only have to read comments from people on TTAG who are … allowed.

        • @ Darkman’s MiniMe, Typical Troll behavior from a child who can’t handle being told the truth of a matter, because it hurts their emotional connection to it. Being lied to in order to not their emotions is what they desire.

    • California voters are comfortable slaves. Drug leg@liz@tion has ALWAYS made a comfortable slave population. The British and the Chinese have always understood that too.

      And the communists understand it as well.

  2. Many times I’ve thought of Jaywalking however the fear of breaking the law deterred me.

  4. On the other hand these courtroom shenanigans validate the state permit scheme while the state permit scheme discriminates against those without permits. Unfortunately those who comply with permit schemes move the goal post for Constitutional Carry. And some permit holders are happy with that because they think they’re special because they have a receipt to prove it…as if your lowly 2A Right and a more than adequate NCIC receipt counts for nothing.

  5. New York, New Jersey, Maryland, Hawaii, etc., etc. have implemented the same scheme immediately after Bruen.

  6. I really don’t understand California. I do have to admit that I’ve only been there a couple times though. The Army paid for few tours of the Mojave Desert for me. I thought it was beautiful. About as different from where I grew up as a Florida Cracker ever saw. Didn’t get a chance to visit Hollywood or the Bay area, but I don’t think I missed much there. Those asswipes that are leaving what they fucked up should stay there. Same as Yankees. Or, let us shoot them. Well, maybe just nick ’em with a little #8 bird shot.

    • “Mojave Desert for me. I thought it was beautiful.,”

      Desert does me the same. I think it is because vegetation looks like hard work. Desert is relaxing.

      “Well, maybe just nick ’em with a little #8 bird shot.”

      Careful. That stimulates their reproduction.

    • Pretty buildings, shitty people, overpriced everything. The Mojave would be cool to see though.

      • I’ve been to the Mojave twice, late ’80s and early ’90s, to visit my brother at Edwards AFB. The high desert is fascinating country, to be sure, but likely more crap now as you noted.

  8. After progressive policy makes California a complete wasteland, we will have to invade and reconquer it.

    That will be sometime late this century or early next.

    • The CCP are already claiming California because supposedly one of their explorers got there. But Russia can also claim California because they actually had a trading post there in the 1800s. So can Spain as it was a part of their empire at one time.

      But the CCP haven’t yet occupied the land. They are waiting to be invited.

  9. as an ex-yan key, i take now offense at that—-it only took me 6 months after relocating to the South to request that the -wall- should be built at the Florida border

      • The conservatives who conserve have left the “building” a very long time ago. That is why there are 26 states with permitless carry. And why california is not one of them.

        California in the 21st century is as anti- civilrights, as Mississippi was after the civil war in 1865. But you do have legal butt sex and drugs in the state of california to this day. So enjoy.

  10. It will get en banc’d in a blazing hurry and be back in place, then disappear into the eternal up/down ladder of the Ninth Circus for several years to come.

    Every 2A case in California follows this same pattern. They’re all circling endlessly waiting for a 5-4 Democratic SCOTUS, at which point they will get run right up and ruled on like an assembly line.

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