California Open-Carry Gun Ban Ruled Unconstitutional by U.S. Appeals Court

A U.S. appeals court on Friday struck down California’s prohibition on openly carrying firearms in most parts of the state, ruling that the law violates the Second Amendment. In a 2–1 decision, a panel of the San Francisco-based 9th U.S. Circuit Court of Appeals sided with gun owner Mark Baird, finding that the ban on open carry in counties with more than 200,000 residents was inconsistent with the constitutional right to keep and bear arms. About 95% of California’s population lives in counties of that size.

Writing for the majority, U.S. Circuit Judge Lawrence VanDyke said the state’s restriction could not survive under the legal framework set by the U.S. Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which requires gun regulations to align with the nation’s historical tradition of firearm regulation. VanDyke noted that open carry predates the ratification of the Bill of Rights and that more than 30 states generally allow the practice. He also pointed out that California permitted openly holstered handguns for self-defense until 2012.

The ruling partially reversed a lower-court decision that had upheld the ban, though the panel rejected Baird’s related challenge to licensing rules in smaller counties that may issue open-carry permits. In a dissent, Senior Judge N. Randy Smith argued that the state’s restrictions were compatible with the Supreme Court’s guidance. A spokesperson for California Attorney General Rob Bonta said the state is reviewing its options and remains committed to defending its gun laws, as the 2022 Bruen decision continues to spark legal challenges to firearm regulations nationwide.

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