California’s SB 2 — Part 1, No Guns Anywhere!
California’s SB 2, the state’s response to the United States Supreme Court’s historic 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, goes into effect January 1, 2024. Like the other anti-gun states’ Bruen response bills, California’s new legislation isn’t designed to bring the state’s unconstitutional “may issue” concealed carry laws into legal compliance. Instead, it virtually eliminates the ability of law-abiding citizens to carry a firearm for personal protection in public in the state.
When NYSRPA v. Bruen was decided, a number of states called emergency sessions to respond to the decision and find ways around it. California actually had its response bill ready to go, but it failed by one vote, so they claim. I’m guessing this was more a courtesy to New York to allow them to be the first one to pass legislation to bypass the ruling. But California has now stepped back up to the plate.
As with all gun control laws, the text attempts to justify the draconian restrictions based on bought and paid for biased “research” and “studies” showing how legally owned and carried firearms is a public safety hazard. These “studies” also falsely point out how states with more permissive firearm laws have more so-called “gun violence” as opposed to those with strict gun control laws, like California. As always, these are creative works of fiction which start with the end result in mind and work backwards to find “facts” that support their argument, while ignoring the actual history and hard data throughout the country.
Quite simply, California wants to eliminate private citizens carrying firearms for personal protection in the state. By doing so, Californian’s become 100% dependent on the State of California for their protection. When the state has a complete monopoly on your safety, it can dictate whatever measures of control it wants, and you will have no other option but to comply and pay whatever they want for it.
Here is a summary of the new concealed carry restrictions and so-called “sensitive places”. Keep in mind, this is for persons who HAVE a valid concealed carry license.
· Bring a firearm into or possess a firearm within or upon the ground of the Governor’s Mansion, or any other residence of the Governor, the residence of any other constitutional officer, or the residence of any Member of the Legislature.
· To knowingly possess any firearm in any building, real property, or parking area under the control of an airport.
· A bus, train, or other form of transportation paid for in whole or in part with public funds, and a building, real property, or parking area under the control of a transportation authority supported in whole or in part with public funds. A public transit system includes the vehicles used in the system, including, but not limited to, motor vehicles, streetcars, trackless trolleys, buses, light rail systems, rapid transit systems, subways, trains, or jitneys, that transport members of the public for hire.
· Possesses a firearm in a place that the person knows, or reasonably should know, is a school zone or who brings or possesses a loaded firearm upon the grounds of a campus of, or buildings owned or operated for student housing, teaching, research, or administration by, a public or private university or college, that are contiguous or are clearly marked university property,
· A building, real property, or parking area under the control of a preschool or childcare facility, including a room or portion of a building under the control of a preschool or childcare facility.
· A building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of the state government
· Brings or possesses within any state or local public building or at any meeting required to be open to the public.
· A building designated for a court proceeding, including matters before a superior court, district court of appeal, or the California Supreme Court, parking area under the control of the owner or operator of that building, or a building or portion of a building under the control of the Supreme Court
· A building, parking area, or portion of a building under the control of a unit of local government.
· A building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail.
· A building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, nursing home, medical office, urgent care facility, or other place at which medical services are customarily provided.
· A building, real property, and parking area under the control of a vendor or an establishment where intoxicating liquor is sold for consumption on the premises.
· A public gathering or special event conducted on property open to the public that requires the issuance of a permit from a federal, state, or local government and sidewalk or street immediately adjacent to the public gathering or special event but is not more than 1,000 feet from the event or gathering.
· A playground or public or private youth center and a street or sidewalk immediately adjacent to the playground or youth center.
· A park, athletic area, or athletic facility that is open to the public and a street or sidewalk immediately adjacent to those areas.
· Real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife.
· Any area under the control of a public or private community college, college, or university, including, but not limited to, buildings, classrooms, laboratories, medical clinics, hospitals, artistic venues, athletic fields or venues, entertainment venues, officially recognized university-related organization properties, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas.
· A building, real property, or parking area that is or would be used for gambling or gaming of any kind whatsoever, including, but not limited to, casinos, gambling establishments, gaming clubs, bingo operations, facilities licensed by the California Horse Racing Board, or a facility wherein banked or percentage games, any form of gambling device, or lotteries, other than the California State Lottery, are or will be played.
· A stadium, arena, or the real property or parking area under the control of a stadium, arena, or a collegiate or professional sporting or eSporting event.
· A building, real property, or parking area under the control of a public library.
· A building, real property, or parking area under the control of an airport or passenger vessel terminal, as those terms are defined in subdivision (
· A building, real property, or parking area under the control of an amusement park.
· A building, real property, or parking area under the control of a zoo or museum.
· A street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission.
· A church, synagogue, mosque, or other place of worship, including in any parking area immediately adjacent thereto, unless the operator of the place of worship clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that license holders are permitted to carry firearms on the property. **Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size.
· A financial institution or parking area under the control of a financial institution.
· A police, sheriff, or highway patrol station or parking area under control of a law enforcement agency.
· A polling place, voting center, precinct, or other area or location where votes are being cast or cast ballots are being returned or counted, or the streets or sidewalks immediately adjacent to any of these places.
· Any other privately owned commercial establishment that is open to the public, unless the operator of the establishment clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that license holders are permitted to carry firearms on the property. Signs shall be of a uniform design as prescribed by the Department of Justice and shall be at least four inches by six inches in size.
· Any other place or area prohibited by other provisions of state law.
· Any other place or area prohibited by federal law.
· Any other place or area prohibited by local law.
· A licensee MAY transport a firearm and ammunition within their vehicle so long as the firearm is locked in a lock box. Nothing in this subdivision is intended to preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.
With very few exceptions, not noted here, almost everywhere you would go outside your home is now considered a “sensitive place”, including ALL private property and churches UNLESS they display a state prescribed sign indicating licensed concealed carry is permitted. Also included is all property inside and outside effected places, including parking lots and in many cases the adjacent sidewalks and streets. Concealed carry is not even permitted inside a licensed persons own vehicle when on the highway, it must be stored in a locked box.
Calling this an absolutely childish reaction from the gun control community to the Supreme Court’s decision is putting it mildly. SB 2, and the other Bruen response laws completely ignore the Court’s ruling on “sensitive places” and clearly violates the Bruen, Heller and McDonald cases.
The good news is the vast majority of similar provisions in other states have already been halted by injunctions pending the cases being heard in the federal courts. That of course hasn’t stopped California from writing, passing and implementing the exact same laws here, because, well, California knows best. Besides, the Ninth Circuit Court of Appeals which encompasses California, has never denied a gun control law once it reaches the full Court.
This law will be appealed, and portions undoubtedly will be held up, but it will be in litigation for years. It will be heard and appealed numerous times, being held up until the makeup of the United States Supreme Court changes.
Let’s also keep in mind YOU are paying for both sides of all of this. Your (unlimited) tax dollars and your donations to Second Amendment groups will be fighting it out, and only the lawyers will be happy.
The ONLY way to keep more gun control laws from being passed is to STOP electing people who will not protect our natural, constitutionally protected rights.
Next up: California’s SB 2 — Part 2, No CCW Training For You!
Bob
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