At a Glance
- 9th Circuit judges rule California’s open-carry ban in populous counties unconstitutional.
- Ban covers counties with more than 200,000 residents, covering 95% of Californians.
- The decision sparks debate over how a 2022 Supreme Court ruling should be applied.
- Why it matters: It could restore the right to openly carry firearms in most California counties.
On Friday, the 9th U.S. Circuit Court of Appeals declared that California’s restriction on open carry in densely populated counties violates the Second Amendment. The ruling lifts a ban that applied to counties with more than 200,000 residents, which include 95% of the state’s population. The decision could bring open carry back to cities across California.
The Ruling
Two judges on the three-judge panel found the policy of limiting open carry to counties with fewer than 200,000 residents inconsistent with the Second Amendment. The decision stated that “California’s legal regime is a complete ban on open carry in urban areas – the areas of the state where 95% of the people live.” The dissenting judge argued that California could still limit open carry in more populated areas because concealed carry is allowed statewide.
Context and Reactions
The ruling follows a lawsuit by Mark Baird of Siskiyou County who sought to restore the historical practice of open carry.
- Mark Baird filed a lawsuit to reinstate open carry.
- Chuck Michel, president of the California Rifle & Pistol Association, said state officials would likely appeal to the full appeals court.
Chuck Michel stated:
> “It’s a very significant opinion,” Michel said, adding that a key question in the case is how a 2022 Supreme Court decision expanding gun rights should be applied.
- Gov. Gavin Newsom’s press office said the law was carefully crafted to comply with the Second Amendment.
Gov. Gavin Newsom’s press office said:
> “California just got military troops with weapons of war off of the streets of our cities, but now Republican activists on the Ninth Circuit want to replace them with gunslingers and return to the days of the Wild West.”
Key Takeaways
- The 9th Circuit ruled that California’s open-carry ban in populous counties is unconstitutional.
- The decision may prompt a full-court review and could restore open carry in most cities.
- The ruling highlights the tension between state gun-control measures and the Second Amendment.
The ruling may lead to a full-court review and could reshape California’s gun-carry landscape.
