Federal appeals panel strikes down California’s open carry ban

A Ninth Circuit panel ruled that California’s prohibition of open carry in counties with higher populations violates the Second Amendment.

A federal appeals panel has determined that California’s law banning open carry of firearms in counties with populations over 200,000 is unconstitutional.

The big picture: The ruling was made by two judges on a three-judge panel from the Ninth U.S. Circuit Court of Appeals; one judge dissented, arguing that allowing concealed carry is sufficient.

  • The majority opinion stated that California’s policy amounts to a “complete ban” on open carry in urban areas, where 95% of the state’s population lives.

Driving the news: The case was initiated by Mark Baird, a Siskiyou County resident, who sought restoration of historical open carry rights.

  • The court’s decision is part of an ongoing debate over gun rights in the U.S., with particular focus on applying a 2022 Supreme Court ruling that expanded gun rights.
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