SIGNIFICANT 2A RULING FROM NINTH CIRCUIT

By Bob Walsh

The Ninth Circuit Court of Appeals put down an interesting ruling today.  They stated that states can NOT ban possession of firearms in places like hospital, banks and churches but also recognized that there is nothing in the constitution that mandates that private property owners, even those whose property is generally speaking open to the public, allow private citizens with firearms on their property.  They did  not, however, say that private property owners must post a sign that says guns are legal on their property, as is the current law in California. 

The case of Wolford v Lopez concluded the following.

Gun bans are PROBABLY constitutional at parks, athletic fields and similar areas.

Gun bans are PROBABLY NOT constitutional at playgrounds and youth centers.

Gun bans are PROBABLY constitutional for bars and restaurants that serve alcohol

Gun bans are PROBABLY constitutional at "places of amusement" including casinos, stadiums, amusement parks, zoos, museums, and libraries.

Gun bans are PROBABLY constitutional at parking areas connected to sensitive, restricted places.

Gun bans are PROBABLY NOT constitutional at gatherings that require a permit.

Gun bans are PROBABLY NOT constitutional on public transit.  

Gun bans are probably NOT constitutional at places of worship and financial institutions, though the owners of those properties can ban guns on their property.

Senior Judge Susan P. Graber of the Ninth Circuit assures us that while these distinctions may SEEM to be arbitrary but they aren't really.