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yesterday

9th Circuit Panel Strikes Down California’s Urban Open-Carry Ban in 2–1 Ruling

State officials are reviewing the opinion with further appeals under consideration.

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FILE - People wait to enter a gun store in Culver City, Calif., March 15, 2020. (AP Photo/Ringo H.W. Chiu, File)
 In this  file photo, a supporter of open carry gun laws, wears a pistol as he prepares for a rally in support of open carry gun laws. A divided federal appeals court on Friday struck down California’s ban on openly carrying firearms in most of the state, ruling that the restriction violates the Second Amendment and cannot be squared with the nation’s historical traditions of gun ownership.
AUSTIN, TX - JANUARY 1: Art and Diana Ramirez of Austin with their pistols in custom-made holsters during and open carry rally at the Texas State Capitol on January 1, 2016 in Austin, Texas. On January 1, 2016, the open carry law takes effect in Texas, and 2nd Amendment activists hold an open carry rally. (Photo by Erich Schlegel/Getty Images)

Overview

  • The panel held that prohibiting open carry in counties with more than 200,000 residents—covering roughly 95% of Californians—violates the Second Amendment under the Supreme Court’s Bruen framework.
  • Judges Lawrence VanDyke and Kenneth K. Lee formed the majority, concluding California failed to identify a historical tradition supporting the modern ban, while Judge N. Randy Smith dissented.
  • The court emphasized that open carry predates the Bill of Rights, is permitted in many states, and was generally lawful in California until changes enacted in 2012.
  • While reversing the urban ban, the panel upheld the separate open-carry licensing scheme for smaller counties, noting the plaintiff waived an as-applied challenge and that such regimes can be constitutional on their face.
  • A concurrence criticized the state for acknowledging no record of any open-carry licenses being issued and for obscuring how to apply, and the ruling may move next to en banc review or a Supreme Court petition.