SACRAMENTO, Calif. — A case challenging a new California law banning concealed carry in many public places continues after a federal court blocked the law again over the weekend.
On Saturday, a federal appeals court dissolved a temporary hold on an order stopping the law.
The legislation, known as Senate Bill 2, would have banned people from carrying concealed guns in places like public parks, hospitals, churches and zoos, but before that part of the law could go into effect on Jan. 1, it was blocked. A U.S. district judge said it violated the Second Amendment in a Dec. 20 decision.
"We know that those states that have more sensible gun safety laws on the books are safer," said State Senator Anthony Portantino (D – Burbank) who authored the bill. "We're going to fight vigorously. The attorney general has filed an appeal."
The bill was signed into law by Governor Newsom in September.
Senator Portantino said a big portion of the legislation still went into effect on Jan. 1, including more training and criteria to get a concealed carry permit, as well as raising the age for applicants to 21.
A provision of the bill banning concealed carry in 26 sensitive places is what's still in question.
"The new law functionally makes it impossible to really carry almost anywhere. They're talking about businesses or parks or churches," said Stanislaus County Sheriff Jeff Dirkse.
Sheriff Dirkse opposes the bill.
"The vast majority of those who get a CCW permit, these people are not out breaking the law. They are not the source of any crimes of violence. They are carrying for self defense, and they are not the problem when we talk about gun violence," Dirkse said.
He said CCW applicants must get fingerprinted, go through background checks and answer questions about their past. He told ABC10 over 90% of applications are approved in Stanislaus County.
Many people apply for the permit for protection, but Senator Portantino argued that should be left to law enforcement.
"Let's say you're in the mall," Portantino said. "Do you really want somebody in that mall pulling out their gun and shooting across a crowded mall because they think might be helping? I don't. I want law enforcement to be in charge of those situations."
However, Sheriff Dirkse said, given the size of an area, response times could play a factor for law enforcement.
"We would all hope that there is no situation where a citizen or even an off duty law enforcement for that matter would ever have to draw a weapon to defend themselves, but we don't really live in that world," Dirkse siad. "And when you talk about something like Stanislaus County, a fairly significant population here, there are a lot places that response times can be significant."
The attorney general filed an appeal that is scheduled to be heard in April.
ABC10 spoke with the attorney representing the California Rifle and Pistol Association along with several other gun rights advocates in this case, and he said they "feel pretty good about their chances given the same panel who ruled on Jan. 6 will decide the appeal."
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