US appeals court allows California to ban guns in most public places; new law criticised

San Francisco, California

A federal appeals court on Saturday (Dec 30) cleared the way for a California law to ban the carrying of guns in most public places in the state. The law will take effect at the start of next year. According to a report by news agency Reuters, the 9th US Circuit Court of Appeals suspended a Dec 20 injunction issued by a judge who concluded that California's law violated the right of citizens to keep and bear arms under the Constitution's Second Amendment.

The report said that a three-judge panel issued an administrative stay that temporarily put the injunction on hold until a different 9th Circuit panel could consider pausing the lower court judge's order for even longer while the litigation plays out.

Also read: Explained | America and its enduring gun violence issue

The federal appeals court's measure will be in effect on Monday after Governor Gavin Newsom signed it into law in September. The measure was enacted following a ruling in June 2022 by the Supreme Court that expanded gun rights nationwide.

California Gov Newsom reacts to ruling

Reacting to the court's ruling, California Governor Newsom said, "This ruling will allow California's common-sense gun laws to remain in place while we appeal the district court's dangerous ruling."

"Californians overwhelmingly support efforts to ensure that places like hospitals, libraries and children’s playgrounds remain safe and free from guns," the governor added.

California has some of the strictest gun laws in the US. Under the new law- Senate Bill 2, people cannot carry concealed guns in 26 categories of "sensitive places" including hospitals, playgrounds, stadiums, zoos and places of worship, regardless of whether they have permits to carry concealed weapons.

The law also bars people from having concealed guns at privately owned commercial establishments that are open to the public, unless the business operator posts a sign allowing license holders to carry guns on their property.

The criticism

Reuters reported the new law was criticised by some carry permit holders and gun rights groups, who have argued the new law was unconstitutional. Earlier this month, US District Judge Cormac Carney said that the law turned "nearly every public place in California into a sensitive place effectively abolishing the Second Amendment rights of law-abiding and exceptionally qualified citizens to be armed and to defend themselves in public."

 Firearms Policy Coalition, a gun rights group said, that unless the 9th Circuit acted again before Monday and lifted the stay, all of the law would take effect. It said a ruling could "come in a few hours, days, or even weeks."

(With inputs from agencies)