Update 09/06/2024: in Carralero v. Bonta, the Ninth Circuit has upheld the preliminary injunctions against the following carry bans (meaning they remain unenforceable) for certain areas. This is only a preliminary injunction; the appeals process continues. SB 2 briefly went into effect, but as of 01/06/2024, it has been stayed, meaning that until the federal courts rule otherwise, the SB 2 restrictions are not in effect.
Okay to carry at:
The rule about private businesses needing "guns okay" sign is also stayed. |
No guns zones in effect are:
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SB 2 essentially bans LTC permittees from legal concealed carry anywhere in the state except for some streets and sidewalks; seriously, this is no exaggeration. The law was intended as a spiteful Bruen revenge bill. The Ninth Circuit Court of appeals, the most liberal federal appeals court in the nation, first granted an injunction against the law, then on December 30th, stayed the injunction, meaning SB 2 went into effect Jan. 1, 2024. Essentially concealed carry became illegal in California, permit or not, anywhere anyone would realistically go. The injunction against the stay was an abuse of the emergency order procedures but was reversed to allow the stay (placing SB 2 on hold) as of 01/06/2024.
SB 2 is tyrannical, utterly unconstitutional, and both California and the Ninth Circuit have disregarded clear precedent set in the Bruen case. California's and the Ninth Circuit's actions are illegitimate, despotic, and a disgusting affront to our constitution. In regard to gun laws, particularly daily self-defense carry, California's law should hold no weight in the minds of peaceable, armed citizens. While the US Supreme Court will probably eventually smash these laws back to the stone age, the reality is it's technically illegal to carry pretty much everywhere.
What follows are only personal recommendations:
1. Carry on an LTC; if you don't, that's your business. An LTC will give you a better legal defense, either directly under the law or in the minds of the police, prosecutor, judge, and jury.
2. Follow the 2023 (pre-SB 2) laws. Since the SB 2 restrictions are stayed likely to be eventually thrown out entirely, the previous "no guns" rules will likely be defaulted to.
4. If you get arrested or are detained, shut up and call a lawyer. Don't talk to the police.
Finally, you are responsible for your own safety. California has shown it is utterly hostile to your civil right to self-defense and the courts will not grant you redress from your grievances.
SB 2 is tyrannical, utterly unconstitutional, and both California and the Ninth Circuit have disregarded clear precedent set in the Bruen case. California's and the Ninth Circuit's actions are illegitimate, despotic, and a disgusting affront to our constitution. In regard to gun laws, particularly daily self-defense carry, California's law should hold no weight in the minds of peaceable, armed citizens. While the US Supreme Court will probably eventually smash these laws back to the stone age, the reality is it's technically illegal to carry pretty much everywhere.
What follows are only personal recommendations:
1. Carry on an LTC; if you don't, that's your business. An LTC will give you a better legal defense, either directly under the law or in the minds of the police, prosecutor, judge, and jury.
2. Follow the 2023 (pre-SB 2) laws. Since the SB 2 restrictions are stayed likely to be eventually thrown out entirely, the previous "no guns" rules will likely be defaulted to.
4. If you get arrested or are detained, shut up and call a lawyer. Don't talk to the police.
Finally, you are responsible for your own safety. California has shown it is utterly hostile to your civil right to self-defense and the courts will not grant you redress from your grievances.
SB 2 of 2023 is California's promised "make guns illegal everywhere" reaction bill to the Bruen Supreme Court decision. It is highly unconstitutional and blatantly violates Bruen, Heller, and McDonald. It is the sore-loser Democratic legislators engaging in tyrannical and childish politics because they don't like the Supreme Court's decision. The bill totally ignores the Supreme Court's ruling on "sensitive places."
This bill is simply a rabidly totalitarian one-party legislature and gun-hating governor attempting to checkmate the US Supreme Court. Fortunately for us, the Supreme Court is highly unlikely to brook such an obvious attempt to suborn their precedent. Bills like this that go too far are a perfect way for the overreaching infringements to be rendered unconstitutional. The outcome on the other side of this one is very favorable to armed citizens everywhere. The bill is blatantly unconstitutional under Bruen and again, barring republic-destroying political shenanigans in the federal court system, it will be invalidated taking its wild gun free zone restrictions with it forever. However, California is playing the court system game and we must wait for SCOTUS to smack them down.
Remember that your right to self-defense is a natural right; one that cannot be taken away by legislative fiat. The state of California at this point is illegitimate in regard to crime control/gun control and you have no moral duty to obey it. Just don’t get caught (if you carry illegally you do so at your own risk). Is your safety more important than obeying an unconstitutional, tyrannical law? This is a decision that every person must make themselves.
This bill is simply a rabidly totalitarian one-party legislature and gun-hating governor attempting to checkmate the US Supreme Court. Fortunately for us, the Supreme Court is highly unlikely to brook such an obvious attempt to suborn their precedent. Bills like this that go too far are a perfect way for the overreaching infringements to be rendered unconstitutional. The outcome on the other side of this one is very favorable to armed citizens everywhere. The bill is blatantly unconstitutional under Bruen and again, barring republic-destroying political shenanigans in the federal court system, it will be invalidated taking its wild gun free zone restrictions with it forever. However, California is playing the court system game and we must wait for SCOTUS to smack them down.
Remember that your right to self-defense is a natural right; one that cannot be taken away by legislative fiat. The state of California at this point is illegitimate in regard to crime control/gun control and you have no moral duty to obey it. Just don’t get caught (if you carry illegally you do so at your own risk). Is your safety more important than obeying an unconstitutional, tyrannical law? This is a decision that every person must make themselves.
Should you still apply for a permit? Absolutely. Police are far more likely to grant you leeway if you have an LTC than if you don't. While CCW is a misdemeanor if the handgun is registered to a person, and the SB-2 "sensitive places" don't apply to persons without an LTC, it is probably better to have the permit and await the legal challenges.
About the Website
But Mr. Editor, why aren't you totally updating the website to reflect the new laws? The editor is not fully revamping the website for SB 2. First of all, the law makes it illegal for permittees to carry basically anywhere, so why bother? Second, the law is so reprehensible any peaceable armed citizen needs to either leave their gun at home or carry anyway (you do you; this isn't legal advice). Finally. if the injunction is reinstated, old California laws apply. The old laws are also more "reasonable" and are a good guide if you want to still be respectable in front of the police/judge/jury.
But Mr. Editor, why aren't you totally updating the website to reflect the new laws? The editor is not fully revamping the website for SB 2. First of all, the law makes it illegal for permittees to carry basically anywhere, so why bother? Second, the law is so reprehensible any peaceable armed citizen needs to either leave their gun at home or carry anyway (you do you; this isn't legal advice). Finally. if the injunction is reinstated, old California laws apply. The old laws are also more "reasonable" and are a good guide if you want to still be respectable in front of the police/judge/jury.
Legislature's page on SB 2, including full text and history
SB 2 Off-Limits Areas
SERIOUSLY: SB 2 WOULD PLACE VIRTUALLY THE ENTIRE STATE OFF-LIMITS TO LICENSED CONCEALED CARRY.
If SB 2 is allowed to go back into effect, state law only prohibits possession of legally concealed firearms in certain locations (actual practice and the nebulous or a sheriff's/chief's restrictions notwithstanding). For instance, bars are not technically "gun free zones" in California, though a licensee may lose their LTC if found carrying in one. This bill applies the force of law to many places that sheriff's/chief's place off-limits and add new places. The bill is so broad it basically prohibits concealed carry except on public streets and sidewalks or private property where the owner specifically allows it, never mind "no gun" signs. The list includes (bolded items are not subject to the Carallero injunction and remain enforceable):
- All public buildings and permitted public events
- All areas under control of an airport authority (public airports)
- Public transportation and certain private transportation
- Bars and restaurants that service alcohol
- Daycares and childcare facilities
- Playgrounds and parks
- State parks and land under the control of Dept. of Fish and Wildlife
- Gaming establishments (casinos)
- Stadiums, libraries, amusement parks, and museums
- Churches and houses of worship
- Banks and their parking lots
- All private commercial property without specific permission of the property owner
Read the actual legislation; so many places are off-limits that it is easier to say where you can carry (which are some streets, sidewalks, and public land in the middle of nowhere) than what's off limits. Again, in all seriousness, SB 2 has literally effectively made it illegal for licensed concealed carriers to carry their firearms just about anywhere, no exaggeration.
Don't despair! Apply for your CCW anyway. Barring a total collapse into totalitarianism this law will be struck down. You are responsible for your own safety as it's clear the state has no respect for the rule of law, wants you disarmed, and will not protect you. Make your dispositions accordingly.
Body armor banned? 30-day waiting period? No more guns lost in boating accidents law? Private party sales banned? Follow this link to read more about “Gunmageddon” 2023.