US EditionAppeals court strikes down California’s open carry ban for most of state
The ruling affects about 95% of Californians, invalidating open-carry bans in populous counties while maintaining permit rules in less populated areas, citing the Second Amendment.
- 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.
144 Articles
144 Articles
California’s Open-Carry Gun Ban Struck Down by Ninth Circuit
California lawmakers and governor Newsom were once again smacked down, this time by the Ninth Circuit Court of Appeals, which found that the state’s open-carry ban violates the Second Amendment right to “keep and bear arms.” This isn’t the first time California has received such a constitutional smack down. “Judge Lee, joined by Judge VanDyke, write a concurring opinion ‘to highlight how California has apparently resorted to subterfuge to deny i…
Associated Press News
Appeals panel says California's ban on open carry in more populated counties is unconstitutional
A federal appeals panel has ruled that a California law prohibiting open carry of firearms in heavily populated counties is unconstitutional.
Appeals Court Shoots Down ‘Unconstitutional’ California Open-Carry Ban - Real News Now
Gun owners scored a major win in California on Friday, as the 9th U.S. Circuit Court of Appeals struck down the state’s open-carry ban, declaring it unconstitutional under the Second Amendment. In a 2-1 decision, the panel sided with Mark Baird, who challenged California’s prohibition on openly carrying firearms in counties with over 200,000 residents. That law, known as the “urban open-carry ban,” effectively barred the vast majority of Califor…
California Open Carry Ban Struck Down By Ninth Circuit
A Ninth Circuit panel has ruled that California’s broad ban on openly carrying firearms in most populated counties violates the Second Amendment because it conflicts with historical traditions of firearm regulation. The decision removes a major barrier to open carry while leaving the state’s licensing system in smaller counties largely intact. The post California Open Carry Ban Struck Down By Ninth Circuit appeared first on Concealed Nation. Con…
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