On December 20, 2023, US District Judge Cormac J. Carney issued an order granting a preliminary injunction against the defendants (the State of California government). The injunction stopped the state from enforcing the blatantly unconstitutional SB-2 law declaring most of California as “sensitive places” where even licensed concealed carriers were forbidden to carry arms in public.
The state asked for an order to stop the injunction from going into effect on December 22, 2023. The stay was granted on December 30, 2023, by an administrative three-judge panel of the Ninth Circuit. The stay was appealed to the Ninth Circuit three-judge merits panel on January 3, 2024. From the appeal:
With the December 30, 2023, administrative stay of the District Court’s December 20, 2023 injunction, (Dkt. No. 17) the Second Amendment-protected right to carry a firearm outside of the home has been effectively destroyed in California for all people with concealed carry weapon permits (“CCW permits”). 1Plaintiffs-Appellees, as well as all other Californians with existing CCW permits, can no longer carry their handguns in any public place except some streets, sidewalks, and at the few private businesses that have posted signs affirmatively allowing carry on their private-premises. This extraordinary curtailment is the result of Senate Bill 2 (“SB 2”) taking effect this week.
SB 2 was enacted in response to the United States Supreme Court’s landmark ruling that recognized a “general right to publicly carry arms for self-defense.” New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1, 31 (2022). SB 2 thus represents California’s attempt to defy the U.S. Supreme Court and it not the district court’s preliminary injunction — interrupts the status quo ante of “where” people with carry permits can exercise their right to armed self-defense. California’s defiance includes a plan to lure this Court’s into treating the Second Amendment as a disfavored right. But doing so would gut the right of self-defense and put peoples’ lives in danger. That is the urgency that attends the State’s motion for a stay. That is the reason this motion must be addressed in haste.
On January 6, 2024, the emergency stay was dissolved by the three-judge merits panel. Only two of the three judges on the merits panel were available. Both of them agreed to keep the injunction preventing the California law, SB-2, from going into effect. Both agreed to deny the stay pending appeal.
The administrative stay previously entered (Docket Entry No. 10 in 23-4354; Docket Entry No. 17 in 23-4356) is dissolved. The emergency motion under Circuit Rule 27-3 for a stay pending appeal and for an interim administrative stay (Docket Entry No. 4 in No. 23-4354; Docket Entry No. 4 in No. 23-4356) is denied pending further order of the court.
The three-judge merits panel has restored the status quo to California concealed carry permit law to what it was before the unconstitutional SB-2 was passed. The plaintiffs reminded judges the ability of judges to carry in public places was put in jeopardy by SB-2. The Introduction started with these words:
Judges, prosecutors, victims of stalkers and domestic violence, and even people who are targets for robbery
Many judges in California have carry permits. SB-2 took away judges’ and prosecutors’ rights and all others with California carry permits. Judges and prosecutors in California are not granted a special privilege to carry without a permit, as they are in some states. They can usually get permits easier than “common folk,” but they are still required to obtain a permit.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
So ‘Stay’ must mean ‘Stop’. But the preliminary injunction stopped the tyrannical unconstitutional law from taking effect. But the Stay stopped the stop. And now the other judges dissolved the Stay. Which means the stop will not stop. Clear as mud. Why doesn’t anyone use English anymore?
It’s just a double negative. Even if there ain’t no good reason, people use them all the time; not always accurately.
Well….the “law” should be easy enough to understand that even a dolt with an IQ of a turnip should be able to understand. At one time it was called “Common Law” which was the law that you couldn’t say “I didn’t know”. It was the law where you couldn’t be tried for unless there was a victim. The judge would say ignorance of the law is no excuse. TODAY, if you go before a judge in an IRS case the asshat will say that “ignorance of the law is no excuse” when there are 26,000 rules and regulations that even… Read more »
The problem is that English is a living language. That is English word usage and definitions change over the years as people use, misuse, and redefine words to suit their own purposes. Current examples of intentional redefinition and misuse are too to many to even begin to list here. Nor can one just look up a word in the dictionary because there are two type of dictionary. Descriptive dictionaries, (e.g. the Merriam-Webster dictionary) report the current usage and current meanings of words. Prescriptive dictionaries report correct meaning and usage of words. That is why we need a group like lawyers… Read more »
If I use a double negative, I always say, “pardon my grammar”, before hand. As far as I’ve learned, only Spanish and Yiddish allow double negatives as excepted speech.
Easy…because if they used English, everyone would understand and you wouldn’t need an interpreter called a Lawyer to explain to you what it all means. This article sort of explains it…The Law Enforcement Growth Industry
Constitutional Carry without exception across all of America is the answer to the lefts problem making the 2nd amendment how it is supposed to be. Shall not be infringed.
And a return to putting the first 13 words back into force and effect. Have you ever read this musicman44mag? Those Forgotten and Ignored 13 Words Why We Need our State 2nd Amendment Militias back in Force and Effect
Gobbledegook is the language of lawyers, it’s how they get things done.
When asked about tyrants, Ella Fitzgerald responded, “It Don’t Mean a Thing If It Ain’t Got That Swing!”
lnvest in rope.