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.
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der Standard AT
KurierOpen wearing of weapons is to be regarded as a "part of the history and tradition of this nation" according to the verdict
A federal appeals court has ruled in favor of a gun owner that California's gun laws are unconstitutional.
California ban on open carry of firearms ruled unconstitutional by appeals court
The 9th U.S. Circuit Court of Appeals determined that the ban, which applied to counties with populations greater than 200,000, violates residents’ 2nd Amendment right to keep and bear arms.
Open carry 'part of nation's history,' judge writes in declaring California ban unconstitutional
Writing for the majority, Circuit Judge Lawrence VanDyke, a Trump appointee, said California's open carry law cannot stand under a U.S. Supreme Court 2022 decision.
Court Strikes Down California's Open Carry Gun Ban
A U.S. appeals court ruled California's ban on open carry firearms unconstitutional, citing historical precedent and the Supreme Court's 2022 gun rights decision. The state law violated the Second Amendment in counties with over 200,000 people but retained licensing rules for less populated areas.
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