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yesterday

9th Circuit Strikes Down California’s Urban Open-Carry Ban as Unconstitutional

The 2–1 decision applies the Supreme Court’s Bruen test to invalidate the law.

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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.
FILE - A man fires his pistol at an indoor shooting range during a qualification course to renew his Carry Concealed handgun permit at the Placer Sporting Club, July 1, 2022, in Roseville, Calif. A federal judge on Wednesday, Dec. 20, 2023, temporarily blocked a California law that would have banned carrying firearms in most public places, ruling that it violates the Second Amendment of the U.S. Constitution and deprives people of their ability to defend themselves and their loved ones. (AP Photo/Rich Pedroncelli, File)

Overview

  • Striking down the ban for counties with more than 200,000 residents, the panel left intact the open‑carry permitting scheme for smaller counties and rejected the plaintiff’s related challenge to that process.
  • Judge Lawrence VanDyke wrote for the majority, joined by Judge Kenneth K. Lee, concluding California failed to show a historical tradition supporting broad restrictions on open carry.
  • Senior Judge N. Randy Smith dissented, arguing the state may restrict one form of public carry so long as another, such as concealed carry, remains available.
  • The ruling affects roughly 95% of Californians because the prohibition applied to most urban and suburban counties.
  • California Attorney General Rob Bonta’s office said it is reviewing the opinion and considering options, including seeking en banc rehearing or petitioning the U.S. Supreme Court.