SB-2 is on again @ 100%- CCW holders beware

[NorCalBusa]

Now again effective Jan 1.

Ah crap- The “Motions Panel” temporarily stayed the Prelim Injunction, and sent it to the “Merits Panel”.

I suspect it’s the whole enchilada starting next year. The legal beagles are spooling up to be sure, but its looking like we’ll go backwards for a while first.

"LEGAL ALERT: Just now in our lawsuit challenging California's new carry bans:

1) The Ninth Circuit *motions* panel sent the state's motion to stay our preliminary injunction to the lawsuit's *merits* panel.
2) The motions panel issued a *temporary* stay on our preliminary injunction until the merits panel makes a decision on California's motion.

What this means:
1) All of California's law will take effect on January 1st unless the merits panel denies the state's motion to stay.
2) There is no timeline for when the merits panel has to make a decision. It could come in a few hours, days, or even weeks.
You can read more about our lawsuit here: https://firearmspolicy.org/carralero"

<<< >>>

ORDER FILED. Johnnie B. RAWLINSON, Jay S. BYBEE, Andrew D. HURWITZ
The request for an administrative stay contained within appellant?s motion for a stay pending appeal (Docket Entry No. 4 in No. 23-4354; Docket Entry No. 4 in No. 23-4356) is granted. See Doe #1 v. Trump, 944 F.3d 1222, 1223 (9th Cir. 2019). The motion for a stay pending appeal (Docket Entry No. 4 in No. 23-4354; Docket Entry No. 4 in No. 23-4356), and the supplements, responses and replies thereto, are otherwise referred to the panel assigned to decide the merits of these appeals.
The district court?s preliminary injunction issued on December 20, 2023, is temporarily stayed pending resolution of the motion for a stay pending appeal by the merits panel. In granting an administrative stay, we do not intend to constrain the merits panel?s consideration of the merits of these appeals in any way.
The existing briefing schedules remain in effect. [23-4354, 23-4356] [Entered: 12/30/2023 12:30 PM]

 

[RRR70]

I had zero doubt in the outcome. It is hard for judges to uphold the Constitution with State’s dick in their mouth.

 

[wilit]

I feel safer already. /s

 

[Dubbington]

Stay lifted and injunction back on. SB2 sensitive areas no longer law. Not sure what part of SB2 are law but the sensitive areas is not, at least until April.

 

[BillSmith]

Tendrils remain of SB2. It's my understanding that the stay was not a full sweep. Some of the sensitive areas remain as described in SB2.

As has been mentioned, go to Cal Guns website, for up-to-date info.

As usual, a mess.

 

[NorCalBusa]

Stay lifted and injunction back on. SB2 sensitive areas no longer law. Not sure what part of SB2 are law but the sensitive areas is not, at least until April.

Cut it in halves:
- First half is all the new training, trainers, curriculum and qualifications, background & refence checks even for renewals- it goes on and on. It remains in place.

- Second half is the Sensitive Places nonsense that most of it has been stayed until April's Merit Panel review.

I get confused; a ruling is made, then an injunction stops it, then that is stayed, then the stay is stayed...is it still a stay or what?

Here's a cheat sheet form a couple days ago;
The ruling affects only these sensitive areas of SB 2.

26230
Carry allowed:
(5) Local government buildings only "as it applies to parking areas and public appurtenant areas adjacent to where legislative, judicial, or other governmental business is conducted",*
(7) Hospitals, mental health facilities, nursing homes, medical offices, urgent care facilities, and other places where medical services are customarily provided,
(8) Public transportation,
(9) Establishments where intoxicating liquor is sold for consumption on the premises,
(10) Public gatherings and special events,
(11) Playgrounds and private youth centers,
(12) Parks and athletic facilities,
(13) Department of Parks and Recreation and Department of Fish and Wildlife
property, except hunting areas,
(15) Casinos and gambling establishments,
(16) Stadiums and arenas,
(17) Public libraries,
(19) Amusement parks,
(20) Zoos and museums,
(22) Churches, synagogues, mosques, and other places of worship,
(23) Financial institutions, and
(26) Any other privately owned commercial establishment that is open to the public, unless the operator clearly and conspicuously posts a sign indicating that license holders are permitted to carry firearms on the property.

*They also seek to enjoin SB2 to the extent it makes any "parking areas" a "sensitive place." (May Mot. at 4; see May Reply at 8 [clarifying that they challenge subsection (a)(5) regarding local government buildings only "as it applies to parking areas and public appurtenant areas adjacent to where legislative, judicial, or other governmental business is conducted"].)
That leaves in place the following:
Carry Prohibited:
(1) A place prohibited by Section 626.9 (K-12)
(2) Preschool or childcare facility
(3) Executive or legislative branch of the state government, except as allowed pursuant to paragraph (2) of subdivision (b) of Section 171c.
(4) Courts
(5) Local government buildings not including parking areas and public appurtenant areas adjacent to where legislative, judicial, or other governmental business is conducted
(See 5, Above)
(6) Correctional institutions
(14) Colleges/Universities.
(18) Airport or passenger vessel terminal, as those terms are defined in subdivision (a) of Section 171.5. (Note: 171.5 is significantly enhanced from the previous statute and is subject to exemptions in Section 26230(b), (c), or (e). - - See Below**)
(21) Nuclear Energy facility
(24) Law enforcement agency.
(25) A polling place.
(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.
**26230:
Quote:
(b) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee may transport a firearm and ammunition within their vehicle so long as the firearm is locked in a lock box, as defined in subdivision of Section 4082 and subdivision (b) of Section 4094 of Title 11 of the California Code of Regulations, and the lock box is a firearm safety device, as defined in Section 16540, that is listed on the department's Roster of Firearm Safety Devices Certified for Sale pursuant to Sections 23650 and 23655. Nothing in this subdivision is intended to preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.

(c) Notwithstanding subdivision (a), except under paragraph (21) or (28) of subdivision (a), a licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subdivision (a) shall be allowed to:
(1) Transport a concealed firearm or ammunition within a vehicle into or out of the parking area so long as the firearm is locked in a lock box.
(2) Store ammunition or a firearm within a locked lock box and out of plain view within the vehicle in the parking area. Nothing in this paragraph is intended to preempt local laws placing more restrictive requirements upon the storage of firearms in vehicles.
(3) Transport a concealed firearm in the immediate area surrounding their vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within a locked lock box in the vehicle's trunk or other place inside the vehicle that is out of plain view.
[]
(e) Except in the places specified in paragraph (14) of subdivision (a), a licensee shall not be in violation of this section while they are traveling along a public right-of-way that touches or crosses any of the premises identified in subdivision (a) if the concealed firearm is carried on their person in accordance with the provisions of this act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law. Nothing in this section allows a person to loiter or remain in a place longer than necessary to complete their travel.

 

[NorCalBusa]

And you have read correctly, we can't drive down to Avila and go pet our nukes inside Diablo Canyon. Fuckers.

 

[Dubbington]

Totally confused. But that's how they want it. Hope somehow it all gets tossed.