On Saturday the 9th Circuit Court of Appeals made a correct and just ruling by reinstating the injunction barring the implementation of the “sensitive areas” part of SB2. This ruling is very surprising to say the least. The 9thCircuit Court usually rules incorrectly and is the most reversed court in the United States. Based on data from 2007 thru the 2022 term, the US Supreme Court reversed 80.3% of the cases heard that originated in the 9thCircuit. Many of the judges serving in the 9th Circuit are activist judges meaning they often rule based on some misguided social justice theory rather on the Constitution hence the high rate of reversals.
For those not closely following this legal saga, SB2 was one of about 15 anti-Second Amendment (2A) bills recently signed into law in California. Among other things, SB2 designated almost all public places “sensitive areas” where firearms are banned effectively ending legal concealed carry in California. Pro-2A groups immediately challenged the new law in court and got a preliminary injunction stopping the sensitive area portion of SB2 from being implemented.
The preliminary injunction was issued by Judge Cormac J. Carney of the US District Court for the Central District of California. Judge Carney immediately determined the sensitive areas portion of SB2 to be unconstitutional. Carney further stated the law was repugnant to the Second Amendment and openly defiant of the Supreme Court. An accurate assessment. The state disagreed and appealed to the 9th Circuit. Last week a three judge panel of the 9th Circuit agreed with the state and stayed the injunction thus reinstating SB2. On Saturday a second three judge panel dissolved the stay putting the injunction back in place until the case is argued in appeals court which is scheduled to begin in April.
For the time being the people of California are safe, their natural right to self-protection temporarily unimpeded, and their 2A protected right to use a firearm in support of their natural right restored. It’s nice to see the forces of goodness and niceness defeat the forces of evil as Maxwell Smart might observe.
So, what’s next? Hopefully our rights will remain intact until at least April although that’s not guaranteed. Gavin Newsom and his political gang will stop at nothing when it comes to disarming law-abiding citizens. Legal, illegal, moral, immoral, nothing is too extreme, too reckless, too dangerous to be used in the quest to make Californians helpless and more dependent on the government.
Much can be said about Gavin Newsom but what can’t be said is that he is a stupid man. He is not. Newsom knows concealed carriers pose zero threat to the public just as he knows that almost all gun-control laws do nothing to increase public safety or deter crime, they just harm or endanger innocent people. Knowing that and still imposing these laws makes him dishonest and evil. The same could be said for AG Rob Bonta although the fact Kamala Harris held his position in the past may make the not stupid argument a little weaker.
Eventually this law will be overturned although I’m not confident the 9th Circuit is capable of two correct decisions in a row. In all likelihood this will be decided by the US Supreme Court, but it absolutely will be struck down as it is blatantly unconstitutional. But the bigger issue is the current political situation in California. People like Newsom and Bonta should never rise to the level where they can cause so much harm to so many people. They rise to power because for the most part voters are apathetic and disengaged. People like Newsom and Bonta need to be defeated when they’re running for water board not when they’re running for governor or president.
In America, at least for now, the people ultimately hold the power if they choose to exercise that power. The people decide who their leaders will be, but only if they choose to do so. As always, I would ask you to consider, in what kind of country do you wish to live?
©2024 Joseph T Drammissi
This article and more of Joe’s work covering the Second Amendment and other topics can be found on Substack at https://getagrip.substack.com