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Appeals court strikes down California’s open carry ban for most of state

The ruling affects about 95% of California’s population by striking down the ban on open carry in populous counties while retaining permit requirements in smaller counties.

  • On Friday, the San Francisco-based Court of Appeals for the Ninth Circuit struck down California's open carry ban in counties with a population greater than 200,000, affecting about 95% of California's population.
  • The decision leaned on the Supreme Court's 2022 Bruen test, with the majority tying its ruling to historical firearm traditions and reversing part of a 2023 lower-court ruling after Mark Baird's 2019 lawsuit.
  • The three-judge panel issued a 2-1 decision; Judge Lawrence VanDyke wrote that `The historical record makes unmistakably plain that open carry is part of this Nation's history and tradition,`
  • A California Department of Justice spokesperson said the DOJ is reviewing the opinion, considering all options, and is committed to defending one of the nation's strictest gun-control statutes.
  • It preserves licensing requirements for open-carry permits in less populated counties, and critics of the ruling say it fuels ongoing legal debates aligned with broader national rulings on gun rights.
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Politico broke the news in on Friday, January 2, 2026.
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