Sep 9, 2024, 12:00 AM
Sep 9, 2024, 12:00 AM

9th Circuit Ruling on Gun Bans in California and Hawaii

Highlights
  • The 9th Circuit upheld preliminary injunctions against certain gun bans in California and Hawaii, including those in places of worship and banks.
  • The court found historical support for regulations on firearms in parks and playgrounds, deeming them 'sensitive places.'
  • The ruling indicates ongoing legal challenges regarding Second Amendment rights and the regulation of firearms in sensitive locations.
Story

On a recent Friday, the U.S. Court of Appeals for the 9th Circuit issued a ruling regarding location-specific gun bans in California and Hawaii. The court upheld preliminary injunctions against certain prohibitions, including those on carrying firearms in places of worship, banks, and public transit. However, it also maintained broader restrictions on firearms in parks, playgrounds, and establishments serving alcohol, citing historical precedents for these regulations. The court's decision applied the Bruen test, which assesses the constitutionality of gun regulations based on historical context. Judge Susan Graber noted that California could not provide evidence of historical regulations banning firearms in places of worship or public gatherings prior to the ratification of the Fourteenth Amendment. This lack of historical support weakened California's defense of its gun bans. In contrast, the court found that there is a historical tradition of regulating firearms in parks and similar public spaces, which justified the upheld restrictions. The ruling indicated that the plaintiffs challenging these laws were unlikely to succeed in their arguments against the bans in playgrounds and youth centers, as these locations are considered 'sensitive places' with a historical precedent for firearm restrictions. The ruling reflects ongoing legal battles over Second Amendment rights and the regulation of firearms in sensitive locations. While some restrictions were upheld, the court's decision signals that the fight for gun rights and regulations in these contexts is far from over.

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