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4d ago

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

The split decision sets up a likely bid for en banc review.

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 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)
U.S. Circuit Judge Lawrence VanDyke appears in a video released by the 9th U.S. Circuit Court of Appeals as part of his dissent from a ruling upholding California's ban on magazines that hold more than 10 rounds of ammunition, in California, U.S., in this screengrab taken from a handout video released on March 20, 2025. 9th U.S. Circuit Court of Appeals/Handout via REUTERS THIS IMAGE HAS BEEN SUPPLIED BY A THIRD PARTY. MANDATORY CREDIT/File Photo

Overview

  • The panel held that prohibiting open carry in counties with more than 200,000 residents violates the Second Amendment under the Supreme Court’s Bruen historical-tradition test.
  • Roughly 95% of Californians live in the affected counties, so the ban cannot be enforced there for now.
  • The court left intact the permitting framework for smaller counties and rejected the challenge to those licensing rules.
  • Judge Lawrence VanDyke wrote the majority joined by Judge Kenneth Lee, while Senior Judge N. Randy Smith dissented in part and argued the restrictions are permissible.
  • Brought by Mark Baird after a 2019 filing, the case partially reverses a 2023 district court ruling as Attorney General Rob Bonta’s office reviews options for next steps.