2023 LEGISLATIVE UPDATE (SB 2)

THE "BAN CONCEALED CARRY EVERYWHERE" BILL

Legislature's page on SB 2, including full text and history

BOTTOM LINE: Does not take effect until January 1, 2024 and will likely be unenforceable due to federal court injunctions. It will likely be overturned through the appeal process and be deemed unconstitutional. May v. Bonta appears to be the contender suit for challenging SB 2; further info regarding court cases will be posted once/if an injunction is granted. You are responsible for your safety. Concealed means concealed.

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."

Do not despair, 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 almost certainly will rapidly be subject to an injunction that will place most, if not all of it, on hold. Until the injunction is lifted (assuming that it isn’t deemed unconstitutional by the courts), old California laws apply. 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.
 
Even if SB 2 should somehow go into effect, 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.

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Until Jan. 1, 2024 (depending on injunctions), 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:

• 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
• Daycares and childcare facilities
• Playgrounds and parks
• State parks and land under the control of Dept. of Fish and Wildlife
• Gaming establishments
• 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

AS OF THIS WRITING THE ABOVE PROHIBITIONS ARE NOT IN EFFECT.
Follow this link for the restrictions that are currently in place.

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.

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SB 2 Highlights

Read the whole text of the bill here

171b Removes LTC (CCW permit) exemption from courthouses except for judges.
171.5(b) Prohibits firearms on the property or parking areas of an airport, except as baggage, as exempted by subdivision (e).
171.7(G) Only allows unloaded firearms on public transit while as checked baggage.
626.9(c)(5) clarifies the distance a LTC (CCW permit) exemption applies to within 1,000 feet of a school or immediately adjacent streets or sidewalks.
25610(b) eliminates the wording of "for any lawful purpose" (likely to comply with Bruen).
26150(a) Changes CCW issue from "may issue" to "shall issue" and eliminates "good cause."New requirements: at least 21 years old, specifies what evidence of residence is considered, and requires that the person be recorded in DROS as the owner of the handgun they want to carry.
26200 formally codifies the LTC (CCW permit) restrictions on behavior/no-carry zones as state law.
26230 basically makes it illegal to have a firearm (if you have an LTC/CCW) anywhere in the state, including in your car in the parking lot of prohibited places unless you lock it up.

26200 PC (LTC restrictions codified)

This bill applies the force of law to the LTC conditions. It adds many places that sheriff's/chief's place off-limits plus new places. Under the non-SB-2 system violation of any conditions may result in revocation of an LTC.

26200. (a) While carrying a firearm as authorized by a license issued pursuant to this chapter, a licensee shall not do any of the following:
(1) Consume an alcoholic beverage or controlled substance as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code.
(2) Be in a place having a primary purpose of dispensing alcoholic beverages for onsite consumption.
(3) Be under the influence of any alcoholic beverage, medication, or controlled substance as described in Sections 11053 to 11058, inclusive, of the Health and Safety Code.
(4) Carry a firearm not listed on the license or a firearm for which they are not the recorded owner. This paragraph does not apply to a licensee who was issued a license pursuant to Section 26170, in which case they may carry a firearm that is registered to the agency for which the licensee has been deputized or appointed to serve as a peace officer, and the licensee carries the firearm consistent with that agency’s policies.
(5) Falsely represent to a person that the licensee is a peace officer.
(6) Engage in an unjustified display of a deadly weapon.
(7) Fail to carry the license on their person.
(8) Impede a peace officer in the conduct of their activities.
(9) Refuse to display the license or to provide the firearm to a peace officer upon demand for purposes of inspecting the firearm.
(10) Violate any federal, state, or local criminal law.

26230 PC (guns banned everywhere)

26230.
 (a) A person granted a license to carry a pistol, revolver, or other firearm capable of being concealed upon the person pursuant to Section 26150, 26155, or 26170 shall not carry a firearm on or into any of the following:
(1) A place prohibited by Section 626.9.
(2) 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. Nothing in this paragraph shall prevent the operator of a childcare facility in a family home from owning or possessing a firearm in the home if no child under child care at the home is present in the home or the firearm in the home is unloaded, stored in a locked container, and stored separately from ammunition when a child under child care at the home is present in the home so long as the childcare provider notifies clients that there is a firearm in the home.
(3) 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, except as allowed pursuant to paragraph (2) of subdivision (b) of Section 171c.
(4) 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, unless the person is a justice, judge, or commissioner of that court.
(5) A building, parking area, or portion of a building under the control of a unit of local government, unless the firearm is being carried for purposes of training pursuant to Section 26165.
(6) A building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail.
(7) 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.
(8) 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.
(9) 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.
(10) 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, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access their residence, place of business, or vehicle.
(11) A playground or public or private youth center, as defined in Section 626.95, and a street or sidewalk immediately adjacent to the playground or youth center.
(12) A park, athletic area, or athletic facility that is open to the public and a street or sidewalk immediately adjacent to those areas, provided this prohibition shall not apply to a licensee who must walk through such a place in order to access their residence, place of business, or vehicle.
(13) Real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife, except those areas designated for hunting pursuant to Section 5003.1 of the Public Resources Code, Section 4501 of Title 14 of the California Code of Regulations, or any other designated public hunting area, public shooting ground, or building where firearm possession is permitted by applicable law.
(14) 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.
(15) 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.
(16) 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.
(17) A building, real property, or parking area under the control of a public library.
(18) 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) of Section 171.5.
(19) A building, real property, or parking area under the control of an amusement park.
(20) A building, real property, or parking area under the control of a zoo or museum.
(21) 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.
(22) 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 licenseholders 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.
(23) A financial institution or parking area under the control of a financial institution.
(24) A police, sheriff, or highway patrol station or parking area under control of a law enforcement agency.
(25) 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.
(26) 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 licenseholders 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.
(27) Any other place or area prohibited by other provisions of state law.
(28) Any other place or area prohibited by federal law.
(29) Any other place or area prohibited by local law.

First of all, note how the restrictions apply only to those with Licenses to Carry (LTCs/CCWs). For criminals or unlicensed individuals, violation is only a standard carry a concealed weapon (or open carry) violation.

The worst part of the bill is that in addition to prohibiting firearms in the buildings, it prohibits carrying them on "real property" or "parking areas." This means it is illegal to enter a parking lot or cross property with a licensed, holstered, and concealed handgun. An exemption is that the firearm is stored unloaded in a locked container out-of-sight (as Californian's are already familiar with). It is unclear if it would be illegal to secure one's unloaded firearm in a vehicular safe in the parking lot; one would have to secure the firearm off-property before entering the parking lot.

Notable "new" gun-free zones are:

• All local public (government) buildings including public libraries, and airports.
• "Public or private hospital or hospital affiliate," or "nursing home, medical office, urgent care facility, or other place at which medical services are customarily provided."
• "Parking area under the control of a transportation authority supported in whole or in part with public funds."
• "A public gathering or special event conducted on property open to the public that requires the issuance of a permit."
• "A park, athletic area, or athletic facility that is open to the public" and "A street or sidewalk immediately adjacent to [a] playground or youth center."
• Any state park property except for legal hunting.
• "A stadium, arena, or the real property or parking area."
• Libraries, zoos, museums, and amusement parks.
• "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...or the streets or sidewalks immediately adjacent to any of these places."

Additionally, churches and private business have to post "guns okay" signs or else they are gun free zones, thus requiring the church/business to affirmatively "opt out" of the law. Talk about a scarlet letter...

And finally "Any other place or area prohibited by local law" which seems to allow local municipalities to make their own gun free zones inside of this, which many probably will.

BOTTOM LINE: Does not take effect until January 1, 2024 and will likely be unenforceable due to federal court injunctions. It will likely be overturned through the appeal process and be deemed unconstitutional. You are responsible for your safety. Concealed means concealed.

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