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Appeals Court Strikes Down California’s Open-Carry Ban in Most Counties

The 2-1 Ninth Circuit decision applies the Supreme Court’s Bruen test, signaling potential further 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, a change affecting about 95% of Californians.
  • Judge Lawrence VanDyke wrote the majority opinion, concluding that open carry is rooted in the nation’s historical tradition recognized under Bruen.
  • The court partially reversed a 2023 ruling against plaintiff Mark Baird but left intact licensing requirements in smaller counties that may issue open-carry permits.
  • Senior Judge N. Randy Smith dissented, arguing the state’s restrictions are consistent with Supreme Court precedent and that the majority erred.
  • California can request en banc rehearing or seek Supreme Court review, and other state gun regulations such as background checks and waiting periods remain in force.