SB 2 Signed Into Law: California's Post-Bruen Response

On September 26, 2023, Governor Gavin Newsom signed SB 2 into law, effective January 1, 2024. ^[1] The law was California's legislative response to the Supreme Court's decision in NYSRPA v. Bruen, which invalidated New York's "proper cause" requirement for concealed carry permits.

Key Provisions

SB 2 made sweeping changes to California's concealed carry framework:

Sensitive Places

The law designated over 25 categories of locations as "sensitive places" where concealed carry is prohibited, including:

- Playgrounds and public parks and athletic facilities, with an exception for licensees who must walk through a park or athletic area or facility to access their residence, place of business, or vehicle
- Places of worship unless the operator posts the required sign permitting licenseholders to carry firearms. The Ninth Circuit upheld the preliminary injunction against this restriction
- Public libraries and their property, public or private youth centers as defined in Section 626.95, and community centers in buildings controlled by local government except when carrying for training under Section 26165
- Hospitals, medical offices, and mental health facilities, subject to the preliminary injunction upheld by the Ninth Circuit
- Publicly funded transit and transportation-authority property, with an exception for transporting an unloaded firearm in a qualifying locked lock box. The Ninth Circuit upheld the preliminary injunction against the transit restriction. Airport property is a separate sensitive-place category
- Bars and restaurants where alcohol is sold for consumption on the premises, stadiums, arenas, amusement parks, zoos, museums, and entertainment venues controlled by a college or university
- Financial institutions (banks, credit unions), subject to the preliminary injunction upheld by the Ninth Circuit
- Parking areas covered by the statute, subject to the injunctions for the associated locations. Except at nuclear sites and places prohibited by federal law, licensees may transport a firearm in a locked lock box within a vehicle into or out of a prohibited parking area, store it in a locked lock box out of plain view, and carry it immediately around the vehicle only to store or retrieve it from that box

Private Property Default Ban

SB 2 created a default prohibition on carrying in other privately owned commercial establishments open to the public unless the operator posts a sign permitting licenseholders to carry firearms. The Ninth Circuit upheld the preliminary injunction against this default rule. ^[2] This reversed the traditional presumption that carry is permitted unless prohibited.

Additional Requirements

- Increased training hours from 8 to 16 (initial) and 4 to 8 (renewal)
- Three character references required
- Applicant interview, with a psychological assessment if the licensing authority requires it on the initial application
- Removal of the prohibition on licensing-authority requirements for liability insurance
- Review required of publicly available information about the applicant, including statements the applicant has published or posted

Immediate Legal Challenges

May v. Bonta and Carralero v. Bonta challenged SB 2. Judge Cormac Carney issued a preliminary injunction in May and Carralero on December 20, 2023, blocking several provisions before the law took effect on January 1, 2024. Critics argued that SB 2's sensitive-places list was so expansive that it effectively nullified the right recognized in Bruen.

Litigation Outcome: 20 of 26 Sensitive Places Now Enforceable

On September 6, 2024, the Ninth Circuit issued its panel opinion in the consolidated cases of May v. Bonta, Carralero v. Bonta, and Wolford v. Lopez. ^[3] The court reversed the preliminary injunction for nine additional categories of sensitive places, finding sufficient historical analogues under the Bruen framework. The mandate issued on January 23, 2025, making those restrictions enforceable.

Combined with categories whose direct location bans were not enjoined (government buildings, K-12 schools, courthouses, polling places, airports, colleges, law enforcement buildings, and nuclear facilities), restrictions in 20 of the first 26 numbered categories are enforceable subject to statutory exceptions and the remaining injunction. The December 20, 2023 injunction initially covered parking areas even at otherwise unchallenged locations. The Ninth Circuit upheld the preliminary injunction for medical facilities, public transportation facilities, public gatherings, places of worship, financial institutions, parking areas connected to those places, and the default rule for other privately owned commercial establishments open to the public.

The Ninth Circuit denied panel and en banc rehearing on January 15, 2025. A final pretrial conference was originally scheduled for March 16, 2026. After a stay and reopening, the September 21, 2026 order set the conference for August 17, 2027. The case continues to evolve, but the current reality is that the majority of SB 2's sensitive places restrictions are enforceable. ^[4]

Governor Newsom's Position

Governor Newsom said the new gun safety laws would make communities and families safer. His signing announcement described SB 2 as strengthening the licensing system, setting a minimum age of 21, strengthening firearm training requirements, and identifying sensitive public places.