Judge Finds California Carry Restrictions Violate Constitution

AmmoLand ^ | January 10, 2023 | Dean Weingarten

[marktwain]

On December 20, 2023, United States District Judge Cormac J. Carney issued an order granting the plaintiffs motions for Preliminary injunction in the case of Reno v Bonta.

The case involves the multitudinous restrictions placed on where people are allowed to bear arms in California. Judge Carney ruled the challenged provisions of the law deprive people who have already been vetted by the state of their right to bear arms and are therefore prevented from taking effect. Following are excerpts from the order with commentary.

From the beginning, Judge Carney notes we live in dangerous times, and the right to self-defense is a fundamental, inherent right. From the Introduction:

The right to self-defense and to defend one’s family is fundamental and inherent to our very humanity irrespective of any formal codification. In their wisdom, the Founders recognized the need for individual citizens to protect themselves and their loved ones from those that would do them harm—and they knew that such a right could not be vindicated without the right to bear arms. The Second Amendment to the United States Constitution guarantees law-abiding, responsible citizens the right to keep and bear arms for self-defense in case of confrontation.

On page 2, Judge Carney explains how the right to bear arms has been disrespected for decades. From courtlistener.com p.2:

For many years, the right to bear arms, and so necessarily the right to self-defense, was relegated to second-class status. But the United States Supreme Court made clear in its landmark decisions District of Columbia v. Heller, McDonald v. City of Chicago, and New York State Rifle & Pistol Association, Incorporated v. Bruen that relegation could no longer be permitted—individuals must be able to effectuate their right to self-defense by, if they so choose, responsibly bearing arms.

[marktwain]

Judge Carney does an excellent job of explaining why the lawless California government does not have the authority to run roughshod over the peoples right to keep and bear arms.

[GrandJediMasterYoda]

Good, especially now when the Biden occupation is deliberately allowing gang members, foreign military, terrorists, rapists, killers, pedos into the country with the complete support of Congress. Anyone who thinks this government - especially one that has declared war on the police - is going to protect you, is out of their mind.

[rellimpank]

—another surprising step in the right direction-—

[MeneMeneTekelUpharsin]

Yesss! Waiting for officials responsible for constantly trying to violate the 2nd Amendement to be punished severely...waiting...waiting....

[BobL]

“Yesss! Waiting for officials responsible for constantly trying to violate the 2nd Amendement to be punished severely...waiting...waiting.”

Keep waiting... But it’s a CLEAR strategy. FLOOD THE COURTS with cases due to passing restrictions that are known to be unconstitutional, then, should the Supreme Court turn Left, they will be able to quickly get one of those cases to the Justices, and, just like that, no more Second Amendment.

[MtnClimber]

I wonder how many local chapters of MS-13 have walked across our southern border....how many drug cartel “enforcers”...how many jihadist sleeper cells...

[Carriage Hill]

Ping.

[FlingWingFlyer]

Of course they do. We could have told them that.

[faithhopecharity]

It is essential for USA future to eliminate gross anti- American violations of our civil
Liberties like aeey tee eff and unconstitutional state “laws” like those in the once- great states of Californication and New Jerky

[PROCON]

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[The Mayor]

Great news!!

[monkeyshine]

I’m pretty sure that his ruling was quickly overturned. The restrictions are in place.

https://ktvz.com/news/national-world/cnn-national/2023/12/30/appeals-court-allows-california-law-to-go-into-effect-restricting-concealed-carry-in-public-places/

[gundog]

Severe punishment will be meted out to those unfortunates that are forced to use their guns in self-defense.

[marktwain]

I’m pretty sure that his ruling was quickly overturned. The restrictions are in place.

You are half correct. A stay was quickly put in place, nullifying the preliminary injunction. Two days later, the stay was nullified, putting the preliminary injunction back into place, and keeping the unconstitutional law from going into effect.

I have an article at Ammoland on those changes. I will post it on freerepublic in a day or two.

[monkeyshine]

I look forward to seeing it. I had only seen the first two stories and not the third. Amazing how these politically expedient cases get expedited hearings and rulings that can be reversed and reversed again in just 3 weeks with a holiday week in the middle.

That said, because 2A is an enumerated right, it should be subject to strict scrutiny and I hope that may be the reason the reversal was reversed.

[WildHighlander57]

So as of today, the restrictions are not in place?

[marktwain]

Correct.

[zeugma]

Thanks once again for including a direct link to the decision itself. You rock.

[stockpirate]

Jefferson said, “You won’t need the 2nd amendment until they try to take it away from you”

I said, “A people unwilling to use extreme violent force to obtain or preserve their liberty deserves the tyrants that rule them.”