Court Declares California Open Carry Gun Ban Unconstitutional

The recent ruling by the 9th US Circuit Court of Appeals has declared California’s ban on open carry firearms unconstitutional. This decision was made by a panel based in San Francisco, which voted 2-1 in favor of the appeal brought by gun owner Mark Baird. The court determined that California’s prohibition on openly carrying firearms in counties with populations exceeding 200,000 violates the Second Amendment of the US Constitution.

Court Analysis

Approximately 95% of California’s population resides in such counties. US Circuit Judge Lawrence VanDyke highlighted that the ruling aligns with a landmark Supreme Court decision from 2022, which established new criteria for firearm regulations under the Second Amendment. The Supreme Court ruling, known as New York State Rifle & Pistol Association v. Bruen, emphasized that all firearm restrictions must be in accordance with the nation’s historical practices regarding gun rights.

Key Details of the Ruling

• The 9th Circuit ruled that open carry predates the 1791 ratification of the Bill of Rights.
• VanDyke stated that more than 30 states currently permit open carry.
• California previously allowed open carry until a ban was enacted in 2012.
• The court partially reversed a prior decision from 2023, upholding Baird’s challenge but rejecting his appeal regarding licensing in smaller counties.

Dissenting Opinion

Senior US Circuit Judge N. Randy Smith dissented from the majority opinion. He expressed concerns that the court only partially addressed the case, arguing that all of California’s regulations were consistent with the Supreme Court’s interpretations.

California’s Response

A spokesperson for California Attorney General Rob Bonta stated that the office is evaluating its next steps. The statement reaffirmed the commitment to defending California’s gun laws, indicating potential further legal actions in response to the ruling.

Implications of the Ruling

This ruling reflects a broader trend of legal challenges to gun laws across the United States, spurred by the Supreme Court’s recent rulings. In September 2024, another panel from the same court upheld California’s restrictions on concealed carry permits in sensitive locations such as parks and museums. The evolving legal landscape regarding firearms will likely continue to draw attention in both state and federal courts.