Court Rules California Open Carry Gun Ban Unconstitutional

A recent ruling by a US appeals court has declared California’s ban on openly carrying firearms unconstitutional. This decision was rendered by a 2-1 majority from the 9th US Circuit Court of Appeals, based in San Francisco.

Court Ruling Details

The case involved a challenge from gun owner Mark Baird against the state’s law prohibiting open carry in counties with populations exceeding 200,000. This decision is significant as approximately 95% of California’s population resides in counties of this size. The court ruled that this prohibition violates the Second Amendment of the US Constitution.

Historical Context of Open Carry

Judge Lawrence VanDyke, appointed by former President Donald Trump, led the majority opinion. He emphasized that California’s law does not align with the historical context established by the US Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v Bruen. This landmark ruling, passed with a conservative 6-3 majority, introduced a test for firearm regulations, necessitating that they reflect historical traditions of firearm ownership.

• Open carry has existed prior to the ratification of the Bill of Rights in 1791.
• Over 30 states in the US generally permit open carry.
• California allowed open carry until 2012 when stricter regulations were enacted.

Implications of the Ruling

The recent ruling also partially reversed a 2023 lower court decision which previously dismissed Baird’s challenge. Although the appeals court sided with Baird regarding open carry, it did not address the state’s licensing requirements in counties with fewer than 200,000 residents, where open-carry permits may still be issued.

Dissenting Opinions

Senior Judge N. Randy Smith, appointed by former President George W. Bush, dissented from the majority opinion. He argued that his colleagues misinterpreted the implications of the case, claiming that California’s restrictions broadly align with the Supreme Court’s earlier ruling.

Next Steps for California

California Attorney General Rob Bonta’s office, which defended the open carry ban, is currently evaluating potential responses to this ruling. A spokesperson reaffirmed the state’s commitment to maintaining its gun laws, emphasizing the necessity of sensibility in gun regulation.

This ruling could set a precedent for further challenges to firearm restrictions not just in California but across the United States. The implications of the 2022 Supreme Court decision continue to resonate, prompting numerous legal battles regarding modern firearm regulations, including limitations on concealed-carry permits in designated sensitive areas.