Federal Appeals Court Declares California’s Open-Carry Ban Unconstitutional

In a landmark decision for firearm rights, the Ninth U.S. Circuit Court of Appeals has ruled that California’s long-standing prohibition on openly carrying firearms in its most populated areas violates the Second Amendment. The 2–1 judgment, delivered on Friday by a panel in San Francisco, specifically targeted a state statute that criminalized the open carry of guns in counties with populations exceeding 200,000. This provision effectively barred the practice for approximately 95 percent of the state’s residents, marking one of the most significant legal setbacks for California’s strict gun control framework in recent years.

The Legal Basis and the Bruen Standard
The majority opinion, authored by U.S. Circuit Judge Lawrence VanDyke, emphasized that the state’s restriction failed to meet the constitutional threshold established by the U.S. Supreme Court in its 2022 New York State Rifle & Pistol Association v. Bruen decision. Under this standard, any modern firearm regulation must demonstrate a clear alignment with the United States’ historical tradition of gun control. VanDyke noted that the practice of openly carrying firearms is deeply rooted in American history, predating even the 1791 ratification of the Bill of Rights. He further highlighted that California itself had permitted the open and holstered carrying of handguns for self-defense as recently as 2012.

Judicial Disagreement and the Dissenting View
The ruling partially overturned a 2023 lower-court decision that had originally dismissed a 2019 lawsuit filed by gun owner Mark Baird. While the appeals court found the broad urban ban unconstitutional, it did not strike down the state’s licensing framework in less populous counties, where local authorities maintain the discretion to issue permits. In a dissenting opinion, Senior Circuit Judge N. Randy Smith argued that the majority’s reasoning was flawed. He contended that California’s regulations were still consistent with the Supreme Court’s 2022 standards and expressed the view that the panel only got the case half right by failing to uphold the entirety of the state’s restrictions.

Reactions and Potential Legal Next Steps
In response to the federal court’s decision, the office of California Attorney General Rob Bonta confirmed that the state is currently reviewing the ruling and considering all available legal options. A spokesperson for the office reiterated the government’s resolve to defend what they termed “common-sense gun safety laws.” This decision follows a series of legal battles across the country prompted by the Supreme Court’s shift in Second Amendment jurisprudence. Although this specific ban was struck down, other California laws remain in place, such as the prohibition on carrying firearms in designated “sensitive locations” like parks and stadiums, which the Ninth Circuit upheld in a separate ruling last year.