A federal appeals court ruled on Friday that California and Hawaii can enforce bans on carrying guns in certain public locations, including bars and parks, partially reversing lower court decisions that blocked the restrictions.
A unanimous panel from the 9th U.S. Circuit Court of Appeals determined that both states can implement gun bans in bars, restaurants that serve alcohol, and parks. Additionally, California can enforce bans in casinos, libraries, zoos, stadiums, museums, and adjacent parking lots.
Hawaii was also granted the authority to ban guns on beaches and private property open to the public unless explicit permission is given by the owner. Both states introduced these laws in response to a June 2022 U.S. Supreme Court ruling, which recognized an individual’s right to carry handguns in public for self-defense under the Second Amendment.
While the lower courts had struck down the state laws, arguing that similar regulations did not exist when the Second Amendment was adopted, the appeals court found this reasoning too limited. The panel noted that certain locations, like modern parks, only emerged in the 19th century, and municipalities quickly began restricting firearms in such areas.
The appeals court upheld parts of the lower court rulings that blocked bans on guns in banks, shared parking lots in Hawaii, and certain other locations like hospitals, public transit, and places of worship in California. Chuck Michel, president of the California Rifle & Pistol Association, criticized the decision, while Alan Beck, an attorney for the Hawaii plaintiffs, welcomed the ruling on banks but indicated that the ban on private property may be taken to the Supreme Court.
Representatives for California Attorney General Rob Bonta and Hawaii Attorney General Anne Lopez did not immediately comment.
