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Ninth Circuit Panel Strikes Down California’s Urban Open-Carry Ban

The decision remains on hold pending the court’s mandate, with officials signaling potential appeals.

Overview

  • The three-judge panel ruled 2–1 that California’s prohibition on open carry in counties over 200,000 residents violates the Second Amendment under the Supreme Court’s Bruen test.
  • Judge Lawrence VanDyke wrote the majority opinion joined by Judge Kenneth K. Lee, while Judge N. Randy Smith dissented.
  • The ruling affects areas covering roughly 95% of Californians but preserves the state’s open-carry licensing system for smaller counties.
  • Other restrictions, such as bans in designated sensitive places like schools and government buildings, remain unchanged.
  • The mandate has not issued, and California officials say they are reviewing options, with the governor’s office condemning the decision and the attorney general’s office considering next steps.