Particle.news
Download on the App Store
16 ARTICLES
·
yesterday

Ninth Circuit, in 2–1 Ruling, Strikes Down California’s Urban Open‑Carry Ban

The panel applied the Supreme Court’s Bruen test, finding no historical tradition to justify the urban prohibition.

Image
 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 decision invalidates the ban on open carry in counties with more than 200,000 residents, a threshold covering roughly 95% of Californians.
  • Judge Lawrence VanDyke wrote for the majority that California failed to demonstrate a historical analogue for the restriction under the 2022 Bruen framework.
  • The court left intact the licensing scheme for smaller counties and only partially reversed a 2023 district‑court ruling that had upheld the law.
  • The vote was 2–1, with Judge Kenneth K. Lee joining the majority and faulting the state’s opaque small‑county permit paperwork as a “Where’s Waldo” exercise, while Judge N. Randy Smith dissented.
  • California’s attorney general is reviewing the opinion, and the state could seek en banc Ninth Circuit review or petition the U.S. Supreme Court.