Attorney General Bonta: States Must Have Authority to Protect Communities from Gun Violence

Joins brief to the Ninth Circuit in support of Hawaii’s gun restrictions

OAKLAND — California Attorney General Rob Bonta today joined 18 attorneys general in filing an amicus brief in support of Hawaii’s and other states’ authority to restrict the carrying of firearms in designated locations, including private property without consent and other sensitive places such as parks and banks. The brief was filed in the Ninth Circuit Court of Appeals in Wolford v. Lopez after a district court decision issued a preliminary injunction halting enforcement of Hawaii’s law. In the brief, the attorneys general urge the Ninth Circuit to reverse the district court’s decision striking down the prohibition on carrying firearms in sensitive places such as bars, beaches, banks, and parks, as well as private property without the property owner’s consent. The brief argues that the law is in line with a long tradition of constitutionally acceptable regulations designed to meet states’ responsibility to protect their residents from gun violence and intimidation.

“It is not only constitutional, but commonsense to respect the right of property owners to say if firearms can be brought onto their private property; the court should not take away their legal right to do so,” said Attorney General Bonta. “States have the responsibility for protecting their communities. Our citizens should not have to live in fear of gun violence. The fact is, more guns in more places makes us less safe and interferes with the ability of our citizens to exercise their constitutional rights. Under Bruen, the Supreme Court acknowledged that states have a right to enact reasonable restrictions to protect communities. We support and recognize states’ authority to enact laws to maintain public safety, including constitutional gun regulations that respond to local needs and concerns.”

The attorneys general argue in the brief that the challenged provisions are consistent with a tradition of constitutionally acceptable regulations designed to meet states’ need to protect their residents and the public safety of communities. These regulations are common and a method of ensuring adequate protection and safety for locations that have become increasingly vulnerable to gun violence in recent years. Imposing location-based restrictions on carrying guns does not conflict with the Second Amendment, allowing states to have flexibility that they need to protect their communities.

Attorney General Bonta continues efforts to support and defend commonsense, constitutional gun laws that have been shown to save lives. Just this week Attorney General Bonta secured a stay pending appeal of a dangerous and misguided decision by a district court striking down California’s large-capacity magazine ban. 

Attorney General Bonta stands with state and local governments in efforts to enact laws that protect the public safety of their communities. The Attorney General has filed or joined state coalitions to file a number of amicus briefs, including:

• In October 2023, leading 17 attorneys general in support of Hawaii’s request to the Ninth Circuit to rehear an appeal defending Hawaii’s ban on butterfly knives.
• In September 2023, defending Montgomery County, Maryland’s law prohibiting the carrying of firearms in certain sensitive places.
• In July 2023, defending New Jersey’s law protecting the public from gun violence in sensitive places, through a brief filed in July 2023.
• In January 2023, defending the state of New York’s gun safety laws,  in support of New York’s reasonable restrictions on who may obtain a concealed carry permit and prohibitions on the carry of guns in sensitive places and in support of the state’s regulation prohibiting the carrying of firearms in places of worship.
• In April 2023, supporting New Jersey’s defense against a legal challenge to its firearm-related public nuisance statute and states’ rights to enact commonsense laws to protect the public from gun violence. 
• In September 2022, urging a district court to uphold the District of Columbia and states’ authority to regulate firearms on public transit systems and protect communities seeking access to safe public transportation.

Attorney General Bonta has, alongside Governor Gavin Newsom and Senator Anthony Portantino, advanced legislation to strengthen California’s existing concealed carry laws. Senate Bill 2 (SB 2), which was signed into law on September 26 and goes into effect on January 1, 2024, is consistent with the U.S. Supreme Court decision in New York Rifle and Pistol Association v. Bruen, and would further protect the public safety of Californians by specifying who may obtain a CCW license, limiting the possession of firearms in certain sensitive locations, and advancing safety through stronger training requirements on the safe handling and storage of firearms.

A copy of the brief can be found here.