Sun Jan 04 06:10:00 UTC 2026: Summary:
A US appeals court has ruled that California’s ban on openly carrying firearms in most counties (those with over 200,000 residents, encompassing 95% of the state’s population) is unconstitutional, violating the Second Amendment. The 2-1 decision by the 9th US Circuit Court of Appeals sided with a gun owner, citing the Supreme Court’s 2022 Bruen ruling that firearms restrictions must align with the nation’s historical tradition. The majority opinion argued that open carry is a historical practice predating the Bill of Rights. The dissenting judge argued that all of California’s restrictions complied with the Supreme Court’s ruling. The California Attorney General’s office is considering its options. This ruling adds to the ongoing legal challenges to firearm restrictions following the Bruen decision.
News Article:
California Open Carry Ban Deemed Unconstitutional by Appeals Court
SAN FRANCISCO, CA – A landmark ruling by the 9th US Circuit Court of Appeals has struck down California’s ban on openly carrying firearms in most of the state, sparking renewed debate over gun control laws. In a 2-1 decision, the court sided with a gun owner, arguing that the ban, which applies to counties with populations exceeding 200,000 (representing approximately 95% of California’s residents), violates the Second Amendment right to bear arms.
The ruling hinges on the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which established that firearms restrictions must be consistent with the nation’s historical tradition of firearm regulation. Judge Lawrence VanDyke, writing for the majority, stated that open carry is a historical practice that predates the Bill of Rights and is allowed in over 30 states.
“The historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition,” VanDyke wrote.
The decision partially reverses a lower-court ruling that upheld the ban. However, the appeals court upheld California’s licensing requirements in counties with fewer than 200,000 residents.
Senior US Circuit Judge N. Randy Smith dissented, arguing that the state’s restrictions align with the Supreme Court’s ruling.
California Attorney General Rob Bonta’s office has stated that it is reviewing its options. “We are committed to defending California’s common sense gun laws,” said a spokesperson.
The ruling is the latest in a series of legal challenges to gun control measures across the country following the Bruen decision. It remains to be seen whether the state will appeal the decision or if the ruling will pave the way for broader challenges to California’s strict gun laws.
First Piper 