California’s open carry ban STRUCK DOWN by 9th circuit court

The 9th US Circuit Court of Appeals has struck down California’s ban on open carry firearms, ruling that the restriction violates the Second Amendment.

In a 2–1 decision, the appeals court ruled against California’s prohibition on open carry in counties with populations greater than 200,000, which applies to roughly 95 percent of the state. Writing for the majority, US Circuit Judge Lawrence VanDyke said the law conflicts with the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which set a standard that gun control laws be consistent with the "historical tradition of firearm regulation” in the country. 

"The historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition," VanDyke wrote. "It was clearly protected at the time of the founding and at the time of the adoption of the Fourteenth Amendment."

VanDyke, a Trump appointee, noted that California permitted the open carry of handguns until 2012 and only changed course when it enacted its urban open carry ban.

"In doing so, California joined a tiny minority of states to have adopted such severe restrictions on open carry,” VanDyke noted.

The ruling overturns a lower court’s dismissal of a lawsuit filed in 2019 by Mark Baird, a gun owner who lives in Siskiyou County. Baird argued that he was unable to obtain an open carry permit despite living in a county with a population of roughly 42,500.

According to Politico, a spokesperson for the California Department of Justice said the agency is reviewing the decision and “considering all options.” The spokesperson added that the department remains “committed to defending California’s commonsense gun laws."