9th Circuit Strikes Down California Open Carry Ban

A federal appeals court ruled Friday that California's longstanding ban on openly carrying firearms in most populated areas violates the Second Amendment, striking down a key provision of the state's gun regulations.

The 9th U.S. Circuit Court of Appeals, based in San Francisco, issued a 2-1 decision declaring unconstitutional the prohibition on open carry in counties with populations exceeding 200,000 residents. These counties, numbering 28 out of California's 58, house approximately 95 percent of the state's 39 million people, according to recent census data. The ruling stemmed from a lawsuit filed by Mark Baird, a resident of rural Siskiyou County, who argued that the ban prevented him from carrying a firearm openly for self-defense across the state.

U.S. Circuit Judge Lawrence VanDyke, writing for the majority and joined by Judge Kenneth K. Lee, grounded the decision in the U.S. Supreme Court's 2022 ruling in New York State Rifle & Pistol Association v. Bruen. That landmark case established that firearm restrictions must align with the nation's historical tradition of regulation. VanDyke emphasized that open carry predates the ratification of the Bill of Rights in 1791 and...