May v Bonta 9th Circuit panel decision in

[Rickybillegas]

We got our ruling in May v. Bonta. It's a split decision. We won on: Hospitals Churches Medical facilities Public transit Gatherings that require a permit Parking areas attached to those places Vampire Rule We lost on: Bars and restaurants that serve alcohol Playgrounds Parks State Parks Casinos Stadiums and Arenas Libraries Zoos Museums Parking areas attached to those areas We are disappointed that the panel did not see things our way on several of the places at issue, but considering the tough panel that was assigned to our case, the result was better than expected. We will continue to pursue this case and will examine whether it makes sense to petition for en banc or Supreme Court review, or instead to pursue a final judgment and then appeal after that.

Link to decision:2024.09.06_OPINION.pdf (nationbuilder.com)

[FreshTapCoke]

This is pretty terrible.

[riderr]

The decision is screaming for an appeal.

[PSLguy]

Yeah, CCW in California is essentially dead. It would seem to be more of a liability to even have one at this point.

[abinsinia]

So are the sidewalk portions of the laws enjoined also because the whole section was enjoined ?

[N0b0dy]

Of all restrictions it had to be parks! No carry in any kind of “park” is insane because 80% of California’s land mass is pretty much considered a “park” under SB2

[riderr]

Of all restrictions it had to be parks! No carry in any kind of “park” is insane because 80% of California’s land mass is pretty much considered a “park” under SB2

Only the official parks and state parks. From now on, I am only camping out in the national forests.

[Rickybillegas]

There is a lot to unravel in this decision. I'm waiting for Kostas Moros thread analysis which he said he will be working on. But as he stated in his initial reaction, this is a much better decision than expected, even though it's bad.
Way back in March when the 3 judge panel was revealed (Clinton, Carter, Biden), he said to expect the worst, like only upholding the injunction on the vampire rule (private businesses) .That's what NY got (2nd circuit) and are still living with 2 years later.
During the hearing on March 10 of this year, the panel was hostile and strongly indicated they were looking to avoid a split with the 2nd circuit which only granted relief on the vampire rule.

We got an odd mixture of upholding injunctions on the vampire rule, Hospitals and medical care, banks, transportation (a biggie), public gatherings, churches. That's better than NY, MD, NJ, HI have gotten so far with essentially the same bill.

Stay tuned.

[Preston-CLB]

Ricky, I am confused because this whole case is so convoluted. Would you or Mr. Moros please list the places where we can conceal carry and another list showing where we cannot?

Thanks in advance for your help.
-P

[Ishooter]

When will this new ruling become in effect?

[Rickybillegas]

FROM 'CALIFORNIA CARRY

Okay to carry at: Hospitals and medical facilities Public transit Permitted assemblies (like festivals and parades) Places of worship (churches) Banks and financial institutions And their attached parking areas. The rule about private businesses needing "guns okay" sign is also stayed (Private businesses good to go, unless 'NO GUNS" sign)

No guns zones in effect are: Bars and restaurants that serve alcohol Playgrounds, parks, and zoos State parks Casinos Stadiums Libraries and museums And their attached parking areas.

Keep in mind, this is not a comprehensive list, but only addresses what was in the lawsuit

[N0b0dy]

Only the official parks and state parks. From now on, I am only camping out in the national forests.

What makes you conclude that this only applies to "official" parks (how is that defined?) or State Parks? The language in SB2 generically uses the term "a park" which I assume also includes local parks, country parks and even national parks here in California - and the reason why we were able to carry in national parks was because California allowed CCW holders to carry in parks under its control.

[Sgt Raven]

What makes you conclude that this only applies to "official" parks (how is that defined?) or State Parks? The language in SB2 generically uses the term "a park" which I assume also includes local parks, country parks and even national parks here in California - and the reason why we were able to carry in national parks was because California allowed CCW holders to carry in parks under its control.

I would assume a 'Official' park is one controlled by a Government at some level. Notice he said he is only camping in National Forests, which are separate from National Parks.

[Sgt Raven]

Chuck Michel/CRPA

[jdracing]

The so-called vampire rule was upheld in Hawaii, whose efforts to restrict concealed carry locations was also addressed in this opinion. The 9th Circuit upheld HI's ability to restrict firearms on private property.

The reason (and only reason) it was struck down (enjoined) in CA yesterday is because the only way an owner could give permission to carry on his/her premises is with a sign of specific size and content. The 9th Circuit held yesterday that HI's private property rule was Constitutional because it also allowed an owner to provide verbal or written permission to carry on the premises, in addition to permission via signage.

In other words, CA was enjoined from enforcing the private business restriction because permission could be by sign only and was "too restrictive". HI was permitted to enforce their version because it provided for permission via sign, verbal or written consent.

The panel essentially told the California legislature that if it wants to restrict carry in private businesses in CA (the vampire rule), it simply needs to add the additional permission avenues of verbal and written. The panel drew the CA legislature a detailed roadmap on how to ban CCW in private businesses. This is very clear from the opinion.

Stand by for emergency legislation. At which point we should plan on asking for the manager at Target and then requesting permission to carry in their store.

Jeff