California lawmakers passed new concealed-carry restrictions this week that appear to run up against a 2022 Supreme Court ruling that struck down limits on who can carry a handgun.
Approved with a 28-8 state Senate vote on Tuesday, Senate Bill 2 limits who can obtain a concealed-carry permit in California with an updated licensing process, new age restrictions, strict storage rules, and a list dozens of “sensitive places” where guns are not allowed. All Republicans and one Democrat voted against it on the Senate floor.
The legislation now heads to Governor Gavin Newsom, who has until October 14 to sign the bill.
The bill’s provisions require concealed-carry applicants to be at least 21 years old and to undergo at least 16 hours of firearms training. Applicants can be disqualified if they are deemed to be dangerous. Licensing authorities, primarily county sheriff’s offices, would be tasked with conducting in-person interviews with applicants, obtaining character references, and reviewing their social media accounts to identify safety concerns, according to the Los Angeles Times.
The bill also includes a ban on bringing guns into sensitive places such as schools, courts, government buildings, prisons, hospitals, airports, and bars, among other public settings. Commercial businesses would be automatically classified as gun-free zones unless the business owner explicitly opts out.
California already has some of the nation’s strictest gun laws. Democratic state senator Anthony Portantino introduced the gun-control measure in December after a prior concealed-carry bill failed in the state legislature last August.
“I think the impact is going to be significant,” Portantino told the Sacramento Bee about SB 2 on Tuesday. “Having a gun is a responsibility and what we’re doing is defining who should have that responsibility and who shouldn’t.”
The new bill, once enacted by Newsom, is expected to set a legal challenge for Second Amendment rights that could go all the way to the Supreme Court, especially after its New York State Rifle & Pistol Association v. Bruen ruling last summer.
In June 2022, the Court voted 6-3 to strike down New York’s “proper-cause” law that required people to demonstrate a special need in order to carry a concealed handgun in public. The legal precedent that was established then undermined similar laws in California and other states that required people to provide reasons for why they were applying for a concealed-carry license.
In the wake of the Court’s decision, the California Assembly attempted to pass a gun-control bill but failed to do so last year due to its urgency clause, which required two-thirds support rather than a simple majority. SB 2 is the state’s renewed attempt to work around the ruling.
“The Supreme Court forced California to reevaluate how we do concealed-carry permits,” Portantino told the Los Angeles Times. “This is setting up a statewide standard to determine who should and shouldn’t be trusted with the responsibility of having a concealed-carry permit … this just makes sense.”
The recently approved legislation is backed by both Newsom and Attorney General Rob Bonta.
“There’s a reason why you’re far less likely to die from bullets in California,” Newsom said in a statement after the Assembly approved SB 2 on Monday. “We’re using every tool we can to make our streets and neighborhoods safer from gun violence.”