9th Circuit Panel Hands Partial Win in ‘Sensitive Areas’ Gun Ban Lawsuit

A three-judge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco has handed a partial victory to the Second Amendment Foundation (SAF) and it allies in a challenge of state laws prohibiting licensed concealed carry in so-called “sensitive places.”

The SAF case, known as May v. Bonta, was decided along with two other cases — one from California and the other from Hawaii — Friday.

Circuit Judge Susan P. Graber, a Bill Clinton appointee, wrote the 71-page opinion for the court, which affirmed an injunction against California’s restrictions;

“with respect to hospitals and similar medical facilities, public transit, gatherings that require a permit, places of worship, financial institutions, parking areas and similar areas connected to those places, and the new default rule as to private property.”

The ruling reverses a preliminary injunction as it applied to “bars and restaurants that serve alcohol, playgrounds, youth centers, parks, athletic areas, athletic facilities, most real property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife, casinos and similar gambling establishments, stadiums, arenas, public libraries, amusement parks, zoos, and museums; parking areas and similar areas connected to those places; and all parking areas connected to other sensitive places listed in the statute.”

“We are pleased that the 9th Circuit has affirmed part of the lower court’s injunction,” said SAF Executive Director Adam Kraut. “However, we maintain that the areas as to which the Court reversed the injunction, and reinstated the carry ban, violate the Second Amendment. The State’s expansion of so called ‘sensitive places’ goes beyond what the Supreme Court contemplated when it mentioned them in Bruen and are designed to discourage individuals from bearing arms in public. SAF and its partners will continue to aggressively litigate this case to ensure Californians may exercise their Second Amendment rights in full.”

“We’re delighted the appeals court panel upheld the district court’s judgment that we are likely to succeed in our challenge of the prohibition on public transportation,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Winning firearms freedom one lawsuit at a time is an ongoing process, and each step takes us closer to victory.”

For more information, visit saf.org.

Second Amendment Foundation

‘The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, SAF has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.