Federal Appeals Court Strikes Down California’s Open-Carry Ban in Landmark Second Amendment Decision
SAN FRANCISCO, Calif. — In a significant ruling that reshapes gun rights in California, a federal appeals court on Friday struck down the state’s ban on openly carrying firearms in most of its counties. The San Francisco-based 9th U.S. Circuit Court of Appeals ruled 2–1 that California’s restrictions violate the Second Amendment, affecting roughly 95% of the state’s population living in counties with more than 200,000 residents.
U.S. Circuit Judge Lawrence VanDyke, writing for the majority, cited the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which requires gun regulations to align with the nation’s historical tradition of firearm regulation. “The historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition,” VanDyke wrote. “It was clearly protected at the time of the founding and at the time of the adoption of the Fourteenth Amendment.”
Before 2012, California allowed residents to openly carry holstered handguns for self-defense without penalty. The court noted that the state’s urban open-carry ban, enacted just over a decade ago, placed California among a small minority of states imposing such stringent restrictions. “That changed only when California enacted its urban open-carry ban barely over a decade ago in 2012,” VanDyke added.
This ruling overturns part of a 2023 decision by a lower court that had dismissed a lawsuit filed in 2019 by Mark Baird, a gun owner challenging the ban. While the previous ruling rejected Baird’s challenge to open-carry licensing in smaller counties, the appeals court’s decision now invalidates the ban in larger counties.
The decision arrives amid ongoing legal battles over California’s gun regulations. Last October, the National Rifle Association and allied groups filed a lawsuit challenging the state’s ban on Glock-style firearms equipped with switches that can convert them to fully automatic weapons. The lawsuit, joined by the Firearms Policy Coalition and the Second Amendment Foundation, underscores the broader national debate over gun rights and regulatory limits.
California’s open-carry restrictions have long been a flashpoint in the gun control debate, with proponents arguing they are necessary for public safety, while opponents contend they infringe on constitutional rights. The 9th Circuit’s ruling is expected to have wide-reaching implications, potentially prompting changes in law enforcement practices and state policies.
The ruling also highlights the evolving judicial interpretation of the Second Amendment following the Supreme Court’s Bruen decision, which has increasingly emphasized historical context in evaluating gun laws. Legal experts anticipate that this decision will be cited in future cases challenging firearm regulations nationwide.
For more information on federal firearm regulations and court rulings, visit the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Courts official websites.
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