California and Hawaii Can Ban Guns in Bars and Parks, Appeals Court Rules

By Brendan Pierson

(Reuters) – California and Hawaii are now allowed to implement restrictions on carrying firearms in certain public places, including bars and parks, according to a decision by a federal appeals court on Friday that partially overturned earlier lower court rulings against these bans.

A unanimous panel from the 9th U.S. Circuit Court of Appeals, based in San Francisco, determined that both states could enforce gun restrictions in establishments that serve alcohol, as well as in parks. Additionally, California is permitted to enforce bans in casinos, libraries, zoos, stadiums, and museums, with these restrictions also applying to nearby parking areas.

The panel indicated that Hawaii can prohibit firearms on beaches as well as on private property that is publicly accessible without explicit consent from the owner.

These legislative measures were adopted by both states in response to a June 2022 U.S. Supreme Court decision, which for the first time recognized that the Second Amendment guarantees individuals the right to carry handguns in public for self-defense.

The Supreme Court mandated that any limitations on carrying firearms should align with the nation’s historical practices of firearm regulation and may include prohibitions in “sensitive places.” Both states argued that their new laws fell within those parameters.

However, lower courts previously overturned significant portions of these laws, concluding that there were no comparable regulations at the time the Second Amendment was enacted.

The 9th Circuit panel criticized this narrow interpretation, clarifying that parks, as we know them today, emerged in the 19th century, during which municipalities began instituting firearm bans in these areas.

Nonetheless, the appeals court upheld certain parts of the lower court’s rulings, stating that neither California nor Hawaii could enforce restrictions on carrying guns in banks or in adjacent parking lots. Hawaii is also prohibited from enforcing a ban on guns in shared parking lots involving both governmental and private entities. Furthermore, California cannot enforce bans in hospitals, public transportation, areas requiring permits, or places of worship.

All three judges on the panel were appointed by Democratic presidents.

“This law was never about safety,” stated Chuck Michel, president of the California Rifle & Pistol Association, which challenged the California laws. He expressed concern that the areas where permits are no longer valid have become zones that could embolden criminal activity, thereby making the public less safe.

Michel indicated that the plaintiffs might consider seeking a rehearing in the 9th Circuit or appealing to the Supreme Court.

“I certainly am happy that they ruled for us on the issue of banks and shared parking lots,” said Alan Beck, a lawyer representing the Hawaii plaintiffs, noting that the question of restrictions on private property might ultimately be considered by the Supreme Court.

There was no immediate response from the offices of the attorneys general of California or Hawaii regarding the ruling.