On January 2, a U.S. appeals court made a landmark ruling, declaring California’s ban on openly carrying firearms in most parts of the state unconstitutional.
The San Francisco-based 9th U.S. Circuit Court of Appeals ruled 2-1 in favor of a gun owner, stating that the state’s prohibition against open carry in counties with more than 200,000 people violated the Second Amendment right to keep and bear arms.
California, known for its strict gun-control laws, has about 95% of its population living in counties of that size.
U.S. Circuit Judge Lawrence VanDyke, appointed by President Donald Trump, emphasized that the state’s law could not withstand the U.S. Supreme Court’s 2022 landmark gun rights ruling.
The court’s decision established a new legal test for firearms restrictions, stating that they must align with the nation’s historical tradition of firearm regulation.
VanDyke highlighted that open carry is a historical practice that dates back to before the ratification of the Bill of Rights in 1791.
The ruling partially reversed a lower-court decision and supported the gun owner’s challenge to the state’s ban on open carry.
The appeals court rejected the gun owner’s challenge to California’s licensing requirements in counties with fewer than 200,000 residents, which may issue open-carry permits.
While Senior U.S. Circuit Judge N. Randy Smith dissented, stating that all of California’s restrictions complied with the Supreme Court’s ruling.
California Attorney General Rob Bonta’s office is considering its options in response to the ruling, reaffirming their commitment to defending the state’s gun laws.
The 2022 Supreme Court ruling has led to an increase in court cases nationwide challenging modern firearm restrictions, including in California.
In a separate case, a 9th Circuit panel in September 2024 upheld a California law that prohibits carrying firearms at certain ‘sensitive places’ for individuals with concealed-carry permits.
(Reporting by Nate Raymond in Boston, Editing by Alexia Garamfalvi and Cynthia Osterman)
