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U.S. District Court Judge Cormac J. Carney issued a preliminary injunction against California’s “sensitive places” law, stating that it openly defies the Supreme Court.
Judge Carney evaluated the “sensitive places” law in light of Bruen’s (2022) assertion that contemporary gun controls should align with historical precedent in American firearm tradition. He found the law lacking in this regard, noting that California lawmakers relied on peculiar and exceptional statutes rather than common tradition to support their ban on carrying firearms in certain locations.
For instance, the prohibition of concealed carry permit holders from being armed for self-defense in casinos, stadiums, arenas, and amusement parks was justified by California lawmakers citing historical laws such as the 1786 Virginia terror in fair or markets law, the 1816 New Orleans ‘public ballroom’ weapon coat check law, the 1853 New Mexico law banning firearms at ‘Balls or Fandangos,’ and the 1882 New Orleans law regulating carry in theaters, public halls, places for shows or exhibitions, or other places of public entertainment or amusement.
However, Carney pointed out that “The Virginia ‘terror’ law and the nineteenth-century New Mexico and New Orleans laws do not reflect a well-established, representative historical tradition of preventing vetted and trained permitholders from carrying firearms for self-defense in casinos, stadiums, arenas, amusement parks, or similar locations.”
Regarding the restriction on carrying a gun for self-defense in houses of worship, Carney argued that California’s government failed to provide evidence of a historical tradition of prohibiting trained and vetted permitholders from carrying handguns in places of worship where confrontations are increasingly likely.
Carney concluded, stating that “CCW permitholders are not the gun wielders legislators should fear. Indeed, CCW permitholders are not responsible for any of the mass shootings or horrific gun violence that has occurred in California.”
He emphasized the interest of self-preservation, quoting from Heller (2008) to support his argument:
“Contrary to this interest, [California’s ‘sensitive places’ law] requires that law-abiding citizens open themselves up for slaughter at the hands of people flaunting the law and creates numerous areas ripe for mass murder by ensuring there is no one there to protect people before “the intervention of society in his behalf.”
Carney determined that “The challenged [California] provisions unconstitutionally deprive [licensed concealed permit holders] of their constitutional right to carry a handgun in public for self-defense.”
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