Historic! SB 2 Struck Down Again by 9th Circuit “Merits Panel” Dissolves the Stay of December 26, 2023: Latest Decision Follows Historic Refusal to Enforce the Court Order by County Sheriffs as “Unconstitutional”

AGENDA 21 RADIO NEWS

County Sheriffs Stepped in and Declared the law was Unconstitutional and Will Not Enforce an Unconstitutional Law. “We have no interest in criminalizing constitutionally protected behavior. We took an oath to uphold our Constitution and will work to protect the rights of our citizens. This issue is far from being resolved and we are hopeful the courts will rule in favor of our constitution.”..Sutter County Sheriff and District Attorney Joint Statement.

Following the up and court decisions over the last 2 weeks the 9th Circuits Merit Panel decided late Saturday to dissolve the stay placed by the 9th Circuit in December. On December 20, Federal Judge Cormac J. Carney granted a preliminary injunction against the law. But then after State Attorney General Rob Bonta pledged to appeal that decision and on Saturday, December 30th. The 9th Circuit Court of Appeals court issued an administrative stay on the injunction December 30, 2023, which allowed the law to go into effect while going through the court process.suspended the December 20th injunction, essentially enacting the sensitive areas portion of the bill. Carney’s decision ruled parts of SB 2 violated the Second Amendment. SB 2 places new restrictions when it comes to carrying a concealed weapon in the state. It requires stronger training requirements to carry a concealed weapon and also set the minimum age to carry a concealed weapon at 21.The part of the law that has received the most attention is it also prohibits those from carrying a concealed weapon in “sensitive places” that include schools, parks, government buildings, banks, public transit and any place where alcohol as sold.

But on January 6, 2024 the Merit Panel of the 9th Circuit dissolved the stay placed by the December 30 decision. For now the ban is lifted and CCW holders can be assured the SB 2 will not be enforced.

This Never Happens in these 2nd Amendment Cases

The California Sheriffs made a statement to the California Legislature, the Governor and the Judiciary following the injunction on December 30, 2023 that they will not support the controversial Senate Bill 2 law which makes concealed weapons illegal in most public places in the state, even if they were held by those with concealed carry permits (CCW). The Sheriffs asserted their Constitutional authority over the courts, governor and legislature and declared SB 2 unconstitutional. This is historic in that this is the first time in state history the Sheriffs have ever exercised such authority.

Sutter County Sheriff Brandon Barnes and District Attorney Jennifer R. Dupré issued a joint statement on developments regarding Senate Bill 2.

“We have no interest in criminalizing constitutionally protected behavior. We took an oath to uphold our Constitution and will work to protect the rights of our citizens. This issue is far from being resolved and we are hopeful the courts will rule in favor of our constitution.”

Tulare County Sheriff Mike Boudreaux issued the following statement:

“I, as the President of the California State Sheriff Association, am leading the way to challenge SB2,” Boudreaux posted on the TCSO Facebook page. “As the Sheriff of Tulare County and a firm, strong believer in our second amendment, I aim to focus on the mission and direction of the Tulare County Sheriff’s Office. The evolving status of where CCW permit holders can legally carry firearms can be perplexing due to frequent change.”


The California Sheriffs are at odds to Gavin Newsom and Rob Bonta. This show of resistance in support of the U.S. Constitution is unheard of in the state’s history.

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