Appeals Court Declares California’s Open Carry Ban Unconstitutional

A recent ruling by a U.S. appeals court has declared California’s open carry ban unconstitutional. This ruling comes from the 9th U.S. Circuit Court of Appeals, based in San Francisco, which voted 2-1 in favor of a gun owner’s appeal.

Key Details of the Ruling

• The decision was made on the grounds that the open carry prohibition in counties with populations exceeding 200,000 violates the Second Amendment.
• Approximately 95% of Californians reside in such counties, making the ruling broadly impactful.
• U.S. Circuit Judge Lawrence VanDyke, appointed by Donald Trump, emphasized that the law conflicts with a recent Supreme Court ruling from 2022.

Significant Legal Precedents

The ruling stems from the Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen. This decision established a new legal framework for evaluating firearm restrictions, mandating they align with historical traditions of firearm regulation.

Judge VanDyke pointed out that the practice of open carry predates the ratification of the Bill of Rights in 1791. Furthermore, he noted that more than 30 states currently allow open carry.

Historical Context and Legal Implications

California previously permitted open handgun carry until 2012. The recent appeals court ruling reverses a decision made in 2023 by a lower court regarding the challenge presented by gun owner Mark Baird.

While the court mostly sided with Baird, it dismissed his argument against California’s licensing requirements in smaller counties where open carry may be permitted.

Dissenting Opinion

Judge N. Randy Smith, another Republican appointee, dissented from the majority opinion. He argued that all of California’s restrictions align with the Supreme Court’s directives.

Next Steps for California

A spokesperson for California Attorney General Rob Bonta indicated that the state is reviewing its options following the ruling. Bonta’s office remains committed to upholding California’s gun laws, which they characterize as common sense.

The implications of the 2022 Supreme Court ruling continue to evolve, with similar cases challenging various gun regulations occurring nationwide. In September 2024, the 9th Circuit upheld a law prohibiting concealed-carry permit holders from carrying firearms in designated sensitive locations.