Federal Court Overturns California’s Open Carry Ban

A federal appeals court recently ruled against California’s prohibition on openly carrying firearms in much of the state.

In a decision that split the panel 2-1, the Ninth Circuit Court of Appeals—based in San Francisco—declared that these open carry bans in counties with populations over 200,000, which encompass nearly 95% of California’s residents, infringe on the Second Amendment rights of citizens.

Judge Lawrence Van Dyke, representing the judiciary majority, stated that the ban contradicts the Supreme Court’s 2022 ruling in New York State Rifle and Pistol Association v. Bruen. He emphasized that regulations concerning firearms must align with the longstanding traditions of gun ownership in the United States, according to reports.

“The historical context makes it unmistakably clear that open carry is woven into the fabric of this country’s heritage,” Van Dyke noted. “This right was evidently safeguarded during the founding of our nation and through the adoption of the Fourteenth Amendment.”

He also pointed out that California permitted residents to openly carry holstered pistols for self-defense until changes were made in 2012.

Van Dyke remarked, “That changed about a decade ago, when California instituted its urban open carry ban. This places California among a limited number of states that enforce such stringent restrictions on open carrying.”

The court’s ruling nullifies part of a lower court’s 2023 decision, which had dismissed gun owner Mark Baird’s lawsuit from 2019, despite allowing his challenge regarding open carry permits in smaller counties.

Amid these developments, the National Rifle Association (NRA) and various other gun rights groups announced a lawsuit against California for its restrictions on Glock-style firearms, which can be modified to operate in fully automatic mode. They have joined forces with several organizations, including the Firearms Policy Coalition and the Second Amendment Foundation, among others.