Appeals court strikes down California ban on openly carrying guns

A United States federal appeals court has ruled that California’s long-standing restrictions on openly carrying firearms across most of the state are unconstitutional, holding that the ban violates the Second Amendment.

In a split 2–1 judgment delivered on Friday, a panel of the San Francisco-based Ninth U.S. Circuit Court of Appeals agreed with a gun owner who challenged the law.

The disputed statute bars the open carrying of firearms in counties with populations of more than 200,000, a provision that covers areas where roughly 95 per cent of Californians reside.

The court found that the restriction unlawfully infringes on the constitutional right to keep and bear arms, effectively striking down one of the state’s strictest gun control measures.

Writing for the majority, U.S. Circuit Judge Lawrence VanDyke said the ban could not withstand scrutiny under the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen. That ruling requires modern gun regulations to align with historical traditions of firearm control in the United States.

VanDyke noted that the open carrying of firearms existed well before the adoption of the Bill of Rights in 1791 and remains lawful in more than 30 states.

He also pointed out that California itself allowed the open and holstered carrying of handguns for self-defence until 2012.

“The historical record clearly shows that open carry is deeply rooted in this nation’s tradition,” VanDyke wrote.

Another judge appointed by President Donald Trump joined the opinion.

The ruling partly overturns a lower-court decision from 2023 that dismissed a lawsuit filed in 2019 by gun owner Mark Baird.

While the appeals court largely ruled in Baird’s favour, it declined to invalidate California’s licensing framework in less populous counties, where authorities retain discretion to issue open-carry permits.

In a dissenting opinion, Senior Circuit Judge N. Randy Smith argued that California’s firearm regulations are consistent with the Supreme Court’s 2022 standard.

He said the majority’s reasoning was flawed, stating that the panel “got this case half right.”

Responding to the decision, the office of California Attorney General Rob Bonta said the state is reviewing possible next steps.

A spokesperson reaffirmed the government’s commitment to defending what it described as “common-sense gun safety laws.”

The Supreme Court’s 2022 ruling has prompted a wave of legal challenges to firearm regulations nationwide.

In California, the Ninth Circuit last year upheld a separate law banning concealed-carry permit holders from bringing guns into designated “sensitive locations,” including parks, bars, zoos, stadiums and museums.