US EditionAppeals court strikes down California’s open carry ban for most of state
The Ninth Circuit found California’s open carry ban in counties over 200,000 residents violates the Second Amendment, affecting roughly 95% of the state’s population.
- On Jan 2, the San Francisco-based Ninth U.S. Circuit Court of Appeals panel ruled California's ban on openly carrying firearms in counties over 200,000 unconstitutional, reversing the district court in a 2-1 decision by Judges VanDyke and Lee.
- The Ninth Circuit grounded its ruling in the Supreme Court's Bruen test, with VanDyke stating `The historical record makes unmistakably plain that open carry is part of this Nation's history and tradition` and noting California's 2012 ban departed from this history.
- Administrative details—including the 17-page CCW application form's use of "concealed" 67 times—factored into judges' observations, while the appeals court left California's licensing regime for counties under 200,000 residents intact and found Baird waived his as-applied challenge.
- The California Attorney General said the office is 'reviewing the opinion and considering all options,' and the 2-1 panel split suggests litigation will continue, with likely appeals to the Ninth Circuit en banc and possibly the U.S. Supreme Court.
- The decision adds to a post-Bruen nationwide litigation trend as several large cities recently restored unlicensed open carry and more than 30 states allow it today.
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161 Articles
Federal Court Says CA Open Carry Ban Is Unconstitutional
YouTube@Action News Now A federal appeals court is striking down California’s ban on openly carrying guns. The Ninth Circuit says the law violates the Second Amendment and conflicts with the nation’s historical tradition of firearm regulation. The ban applied to counties with populations larger than 200-thousand people. The judges cited a 2022 Supreme Court ruling that expanded gun-carry rights nationwide. The dissenting judge argued the ban…
Split 9th Circuit Strikes Down California’s Open-Carry Ban as Unconstitutional
“There is no record of any law restricting open carry at the Founding, let alone ‘a distinctly similar historical regulation,'" wrote Ninth Circuit Judge Lawrence VanDyke, quoting from the high court's 2022 decision in New York State Rifle & Pistol Association v. Bruen.
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