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CA, NY moving to ban concealed gun carry in most public places after SCOTUS ruling

A concealed carry holster. (Alian Gear Holster/WikiMedia)
June 30, 2022

New York and California are preparing new bills that would ban concealed carry in many public spaces and presume that businesses, churches and other private institutions don’t allow concealed carry on their premises unless they post a sign expressly stating that people can carry guns on their premises.

The new moves revealed this week come in reaction to a ruling by the U.S. Supreme Court last week that struck down a New York concealed carry law that required concealed gun carry permit applicants to demonstrate a “proper cause” beyond self-defense. The Supreme Court decision means states have to define clear reasons for denying a concealed carry permit, rather than using “may issue” provisions up to the discretion of state licensing officials to determine if an applicant has demonstrated a worthy enough cause to concealed carry a firearm.

While the Supreme Court decision would ostensibly expand the right to carry in previously “may issue” states like New York, California New Jersey, Massachusetts, Hawaii, and Maryland, new laws moving for in New York and California are already seeking to curb the practice of concealed carrying in public by listing specific public places where the practice will be prohibited.

A bill already filed with California’s state legislature states a person granted a concealed carry permit will be prohibited to carry:

  • Any designated gun-free zone
  • Court
  • Building or parking area controlled by the state legislature or executive
  • Building or parking area of any type of jail, detention or correctional facility
  • Medical facility or nursing home, both public and private
  • Public transportation that is paid in whole or part with public funds
  • Bar or place that sells intoxicating liquor for consumption on its premises
  • Any event open to the public requiring a permit
  • Playground or public or private youth center
  • Park, athletic area, or athletic facility that is open to the public and a street or sidewalk immediately adjacent to those areas, provided this prohibition shall not apply to a licensee who must walk through such a place in order to access their residence, place of business, or vehicle
  • Any property under the control of the Department of Parks and Recreation or Department of Fish and Wildlife, except public shooting or hunting areas or buildings where firearms possession is otherwise permitted by law.
  • Any area under the control of a college or university, whether public or private
  • Building or parking area of a place where gambling is permitted
  • Any stadium or arena or area of play for collegiate or professional sports
  • Building or parking area of a public library, museum, zoo or amusement park
  • Street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission.
  • The building or parking area of a financial institution
  • Law enforcement station or parking area
  • Any other places where firearms are currently prohibited by state or federal law.

The California bill also states it is prohibited to carry a firearm in any other private business that’s open to the public or any place of worship or their parking lots unless those businesses or churches post signage issued by the state’s Department of Justice that indicates concealed carry permit holders are allowed to bring their firearms onto the property.

The California bill also prohibits carrying in a pre-school or childcare facility. The portion states the owner of a home childcare facility is not prohibited from having a concealed carry permit or firearms, but essentially prohibits them from exercising that permitted right during their hours of operation by requiring that their firearms be unloaded and stored in a locked container separate from any ammunition and the childcare provider notify any clients that they have a firearm in their home.

Existing California state law states that in many cases, carrying a firearm in a prohibited area carries a punishment of up to one year in a county jail and a fine of up to $1,000.

New York is also eyeing similar restrictions. No specific legislation has been posted at this time, but Bearing Arms reported that the New York state legislature could still vote on it by Thursday. A legislative source told CBS News that the plan is to include all restrictions into a single omnibus bill to limit the time for debate and pass the law quickly.

Democrat New York Gov. Kathy Hochul described some of the potential provisions in the new bill will include, “Federal, state and local government buildings, health and medical facilities, places where children gather, daycare, parks, playgrounds, public transportation, subways, buses, polling places, educational institutions.”

Hochul also said, “The presumption is that private property owners will not want to have concealed-carry weapons on their premises, but should they decide they do, they would actually put a sign in their window — a bar, a restaurant, a gathering place, concealed-carry weapons welcome here.”

During a press conference on the proposed legislation, CBS2’s Marcia Kramer said, “It sounds like you’re shutting off all of the public places.”

“I can’t shut off all places,” Hochul replied. “The decision said you cannot say the entire island of Manhattan. I will go right up to the line. I will not cross the line.”

CBS2 reported lawmakers are also considering whether they can ban guns from crowded places like Times Square in New York City.