A federal appeals court ruled that California and Hawaii can enforce bans on carrying guns in specific public places. This decision partially reverses previous rulings that blocked such bans.
The 9th U.S. Circuit Court of Appeals decided that guns can be banned in bars, restaurants serving alcohol, and public parks in both states. California is also allowed to enforce bans in casinos, museums, and libraries.
Hawaii can prohibit guns on beaches and private property that is open to the public unless permission is granted by the owner. This ruling supports both states’ efforts to control gun presence in highly frequented areas.
The states implemented these laws following a 2022 Supreme Court decision that expanded the interpretation of the Second Amendment. That decision emphasized the right to carry handguns in public for self-defense.
The Supreme Court stated that gun bans can still be valid in “sensitive places,” such as schools or courthouses. California and Hawaii argued that their bans fell into this category of sensitive places.
Initially, lower courts had struck down these laws, claiming that similar restrictions did not exist during the time the Second Amendment was adopted. The appeals court disagreed, saying that the lower court’s reasoning was too limited.
The 9th Circuit noted that some of the places mentioned, like parks and taverns, didn’t exist in the same form during the 1700s. They found historical examples of governments banning guns in these spaces later in history, supporting modern restrictions.
The court did rule that bans on carrying guns in banks, hospitals, and churches cannot be enforced. California also cannot prohibit guns on public transit or at permitted gatherings.
Gun rights advocates were unhappy with the ruling, calling the restricted areas “criminal empowerment zones.” Meanwhile, California’s Governor Gavin Newsom praised the decision as a step towards preventing gun violence in public spaces.
Both sides are considering further action, with gun rights groups possibly taking the case to the Supreme Court. The debate over gun control in public spaces continues, especially after recent mass shootings.
