A US federal appeals court has ruled that California’s ban on openly carrying firearms in most of the state is unconstitutional, delivering a significant blow to one of the nation’s strictest gun-control regimes.
The decision, issued by a three-judge panel of the Ninth US Circuit Court of Appeals, found that the prohibition violated the Second Amendment right to keep and bear arms by restricting open carry in counties with populations above 200,000, areas that account for roughly 95% of California’s population, The Guardian reported.
What did the verdict say?
In a 2-1 split verdict, two judges in the panel sided with gun owner Mark Baird, who brought the challenge against the state’s open-carry restrictions. The majority opinion referenced the US Supreme Court’s 2022 landmark ruling in New York State Rifle & Pistol Association v. Bruen, which established that modern gun regulations must align with the nation’s historical tradition of firearm regulation.
The court held that historical evidence shows open carry was widely permitted at the time of the Founding and that California failed to identify a comparable historical precedent supporting its broad ban.
The ruling specifically invalidates parts of California Penal Code provisions that criminalised openly carrying firearms, loaded or unloaded, in populous counties without a licence. While some urban areas had theoretical pathways for residents to apply for open-carry permits, the state acknowledged that no such licenses had ever been issued, effectively leaving most residents unable to openly carry firearms.
The decision underscores the ongoing judicial scrutiny of gun control laws in the United States, with California’s strict regulations now at the forefront of Second Amendment litigation, Axios reported.
How does this impact US gun laws?
States with similar open-carry restrictions or indirect bans, especially those that heavily limit permits, may now face legal challenges. Laws in states like New York, New Jersey, Hawaii, and Illinois could be re-examined, particularly where public carry is allowed in theory but restricted in practice.
The ruling narrows how much autonomy states have, signalling that constitutional gun rights may override regional policy preferences, even in densely populated areas.