Inaugural AOR Conference, Nov. 8th – 10th in Phoenix, AZ – Buy Your Ticket Today!

Monthly Spotlight: California Gun Owners Still Free from SB2

By: Brittany Huttner, Esq.

April 1, 2024

Reference: Senate Bill No. 2

California Gun Owners Still Free from SB2

 

California Senate Bill 2

California’s sweeping restrictions on public gun possession are on hold. As of January 6, 2024, SB2 has been stayed by a federal court order and is NOT in effect.

 

What Would SB2 Do to California Firearm Owners and Carriers?

This law would prohibit individuals from carrying concealed firearms in twenty-six places throughout the state of California. Some of these places include (but are not limited to): public parks, playgrounds, churches, establishments that serve alcohol, hospitals, zoos, public libraries, banks, any area under the control of a public or private college, community college, or university, and transportation services that are in part paid for with public funds.

It is important to note that this ban would apply regardless of whether the person has a concealed carry permit.

One exception allows privately owned businesses to put up signs allowing individuals to bring guns onto their premises.

 

SB2 Background

On September 26, 2023, Governor Gavin Newsom signed Senate Bill 2 (“SB2”) into law.

SB2 was set to take effect on January 1, 2024.

On September 26, 2023, a group of gun rights organizations, along with fourteen individuals who hold concealed carry permits, filed a lawsuit in the United States District Court for the Southern District of California. This lawsuit asks to put SB2 on hold. The plaintiffs alleged that SB2 would unduly burden their right to bear arms under the Second Amendment.

On December 20, 2023, District Judge Cormac Carney granted a preliminary injunction against SB2. He wrote that SB2 was “sweeping, repugnant to the Second Amendment, and openly defiant of the Supreme Court.”

On December 22, 2023, California Attorney General Rob Bonta appealed the District Court Judge’s preliminary injunction. Attorney General Rob Bonta appealed to the Ninth Circuit Court of Appeals, requesting the Court suspend the preliminary injunction so SB2 could take effect on January 1, 2024.

On December 30, 2024, a three-judge emergency panel considered Attorney General Rob Bonta’s request. The panel suspended the District Court order, putting a temporary hold on the District Court’s ruling, which then set SB2 to take effect on January 1, 2024.

On January 1, 2024, SB2 took effect because of the administrative stay on the District Court’s order.

On January 6, 2024, two of the three judges on the panel vacated the administrative stay and reinstated District Judge Carney’s order, effectively blocking SB2.

Governor Newsom said he will continue to push for stricter gun measures.

 

As of now, SB2 is NOT in effect.

On April 11, 2024, at 9:30 a.m., arguments on the appeal of the preliminary injunction will be heard before the Ninth Circuit merits panel. This means there could be a decision on SB2 sooner rather than later. We are following this closely and will provide updates as we receive them.

 

Final Thoughts

This begs the question: even if a privately owned business allows an individual to carry their firearms, can the individual get to that privately owned business without entering a newly listed sensitive place and therefore breaking this (potential) new law?

 

Brittany L. Huttner, a passionate criminal defense attorney, excels in trial advocacy and strategy. She fights tirelessly for others’ rights, advocating for fundamental freedom. Additionally, Brittany is an author on the Attorneys On Retainer website.

View All Posts by Brittany L. Huttner  |  Read Brittany L. Huttner's Full Bio