California just got slapped for their unconstitutional firearms laws. What are your thoughts and feelings about that?

[Chazmatazz269]

https://youtu.be/gvg5QVGgmjg?si=Z_D_bWdpInVNYcCc
Frankly i’m not a proponent of open carry, but i support your constitutionally guaranteed right to do so if that’s your choice.
I’m thrilled to see California finally getting set straight, for now. Much like New York, i’m sure they won’t let silly things like the US Constitution and citizens’ rights get in the way of their agenda.
That’s my two cents. What are your thoughts and feelings on this matter?

Updates

5 mo

Society and politics

[abc3643]

First, just a little extra insight.

The relevant California statute from California Assembly Bill 144 from the 2011-2012 legislative session. The Governor at the time was Jerry Brown, not Gavin Newsom.

The relevant court is the United States Court of Appeals for the Ninth Circuit. The 9th Circuit is considered as a rather liberal court, unlike the 5th Circuit which is rather conservative. (Many Supreme Court cases happen because the 9th and 5th Circuits disagree on the same basic issue. I think same-sex marriage was such an example.)

What a panel of judges (not the entire bench) of the 9th Circuit ruled as unconstitutional was the California statute's provision on open-carry. There's a lot in the statute, but this description is an important aspect of it:

The bill would, subject to exceptions, make it a misdemeanor to openly carry an unloaded handgun on the person or openly and exposed in a motor vehicle in specified public areas and would make it a misdemeanor with specified penalties to openly carry an exposed handgun in a public place or public street, as specified, if the person at the same time possesses ammunition capable of being discharged from the handgun, and the person is not in lawful possession of the handgun, as specified.

The 9th Circuit panel ruled this as unconstitutional as a violation of the 2nd Amendment.

Given how relatively liberal the 9th Circuit is, many court watchers might not have expected this ruling.

Personally, I am not so sure that this aspect of the statute is unconstitutional. The right to bear arms is what the text of the 2nd Amendment asserts. I don't see why statutes governing how those arms are beared on a person is unconstituional as long as the person still has the right to carry ("bear arms").

This comes from the dissenting opionion in the 2-1 decision by the 9th Circuit; this basically is agreeing with what I said:

“A state may not prohibit the public carriage of firearms by eliminating both open and concealed carry, but a state can lawfully eliminate one manner of carry to protect and ensure the safety of its citizens, as long as they are able to carry in another manner,” wrote Judge N. Randy Smith, who was appointed by President George W. Bush.

So, while the 9th Circuit's ruling definitely hurts for defenders of the statute, California might file a "cert writ" to the Supreme Court that the 9th Circuit decided incorrectly. You'd think that, given the conservative majority in the Supreme Court that California would lose. However, conservative justices are often strict constructionists — they assert that you interpret the law as the law is written and not infer anything. So, given like what I wrote, I could see the 9th Circuit being overturned by the Supreme Court here. In a sense, the 9th Circuit was being "activist judges" with this ruling on this statute. Indeed, Governor Gavin Newsom called the majority (the 2 other judges) judges as "Republican activists". Those two judges were appointed by Trump.

========

A good, nonpartisan source for news about this subject and similar federal government news is The Hill. Here is how they reported the story:

https://thehill.com/regulation/court-battles/5670433-california-open-carry-ban-ruling/

Here are two copies of the statute:

https://legiscan.com/CA/text/AB144/id/77811

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201120120AB144

This is the ruling:

https://cdn.ca9.uscourts.gov/datastore/opinions/2026/01/02/24-565.pdf

[Chazmatazz269]

It’s unconstitutional because California further restricts who can conceal carry. There is a long list of requirements that exclude most people other than active and former CALIFORNIA law enforcement. I know people with backgrounds in military and law enforcement from other states and at the federal level that were denied their conceal permit in California. So, if the state can deny you a conceal permit AND roundly criminalize open carry, then they have in no uncertain terms denied citizens their rights guaranteed by the second amendment to the US Constitution.
This is absolutely not going to stop California from persecuting law abiding gun owners. But it gives those citizens a legal leg to stand on when the tyrants come for them.

[abc3643]

Well, I agree with the dissenting judge: As long as the right to carry remains in place (2nd Amendment) and that there's no unreasonable discrimination (Equal Protection Clause of the 14th Amendment), I believe that I have nothing to complain about that is unconstitutional. But, I am not a lawyer. I don't feel strongly either way about this but am interested in constitutionality.

California's next step should be to see a ruling from the full 9th Circuit bench. If the full bench upholds the 3-person panel's view, then California could go to the Supreme Court, but might not.

[Chazmatazz269]

There absolutely IS unreasonable discrimination. No reasonable person would suggest that the ONLY people in all of the US who are deserving of their second amendment rights are California law enforcement officers. That’s exactly what their combination of laws asserts.

[abc3643]

That's false. Read the statute. I provided links to it.

[exitseven]

In the state I live in there are very strict gun laws. This is designed to disarm citizens. it was extremely hard for me to get a conceal carry permit. I know the chief of police in my town and he helped me navigate the process. Most people don;t bother to try.

[Chazmatazz269]

Seems very similar to California’s laws. The only people i know who carry in California are law enforcement officers, and one of them told me that she has helped a relative get their carry permit. The problem is that this type of legislation is unconstitutional. If you can’t open carry and you can be denied concealed carry, then you are in fact being denied your second amendment rights. Now, i’m not an absolutist. I 100% agree that convicted criminals of violent crimes should not be allowed to own or use firearms. However, every law abiding citizen and those with only petty crimes on their records should be allowed to exercise their rights guaranteed under the second amendment to the US Constitution. If your state is like California, hopefully you get your day in court too.

[exitseven]

I live in a democrat run state and conservatives have no voice in anything. They just want you to pay your taxes and shut up about guns.

[exitseven]

Thanks for the MHO😎

[Agape93]

I don't care. It's california, this shit happens with them almost every year.

[unending]

In California they're trying to take your guns. In New York, they're trying to take your houses... I'm just wonder when the Italians are going to start giving out free swimming lessons...

“h ttps ://x. com/EndWokeness/status/2008031475057439076”

[DonaldDarko]

That's awesome! Newsom and the rest of them should be arrested as well.

[abc3643]

Newsom had nothing to do with this bill; it was passed by former Governor Jerry Brown in 2011.

[msc545]

Yes, that absolutely did happen, and I am a resident of California, so I'm well aware of it. However, I am not a person who wants to carry a gun around in public. I think that's a little bit over the top, and I am concerned that it's so provocative that it creates more problems than it solves.

Why is it, however, that when Trump does something unconstitutional you don't bother posting about it, but when California does something unconstitutional it's worth your time to make an entire post and tell everyone. I'm wondering what that means.

[Chazmatazz269]

You are so over the top ridiculous, dude. You should take this clown show on road. Just because i don’t have the TDS like you does not mean i’ve never criticized Drumpf. He hasn’t blatantly violated the US Constitution, despite your hateful beliefs and ignorant rhetoric. You are constantly making sh*t up about him because his real words and actions aren’t nearly as offensive as they need to be to keep pace with your delusions. No reasonable person believes any of the nonsense that you post about him. You’ve become a parody of yourself. I’m not joking. You are off the charts delusional and you need professional help. Seek it out.

[blackeagle007]

We have the most relaxed gun laws, yet the most shootings………

[Chazmatazz269]

Who is “we”?

[blackeagle007]

Not sure where you’re from but the U. S?

[Pterodon]

It’s about time. I love it

[AgentG111]

Excellent!

[Cidknee]

😂🍾🥂