A U.S. appeals court ruled California’s ban on openly carrying firearms in most public places is unconstitutional.
The 9th Circuit Court of Appeals ruled 2-1 in favor of a gun owner, finding that the prohibition in counties with over 200,000 residents infringes on the Second Amendment.
Driving the news: About 95% of Californians live in counties affected by this ban; the state is known for having some of the strictest gun laws in the U.S.
The big picture: Judge Lawrence VanDyke, joined by another Trump-appointed judge, based the decision on the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which requires firearm laws to align with the country’s historical tradition.
- VanDyke noted that open carry was historically common and legal in both California and over 30 other states, and that until 2012, Californians could carry handguns openly and holstered without penalty.
- The ruling partially reversed a 2023 lower court decision that had upheld the state law, but the appeals court did reject a challenge to permit requirements in less-populous counties.
- Dissenting Judge N. Randy Smith argued all of California’s rules complied with Supreme Court precedent.
Zoom out: The decision is part of a larger wave of post-Bruen legal challenges to modern firearm restrictions nationwide.
