Ninth Circuit Rules California Open-Carry Ban Unconstitutional in Most Populous Counties
A Ninth Circuit panel ruled California’s open-carry ban unconstitutional in counties over 200,000 population, invalidating restrictions for roughly 95% of residents while preserving sensitive-place limits.
The Post MillennialCalifornia’s open carry ban STRUCK DOWN by 9th circuit court
Breitbart NewsNinth Circuit Panel Finds California Open Carry Ban Unconstitutional
Breitbart NewsNinth Circuit Panel Finds California Open Carry Ban Unconstitutional
ABC NewsAppeals panel says California's ban on open carry is unconstitutional
Overview
A 3-judge Ninth Circuit panel, in a 2-1 decision partly authored by Judge Lawrence VanDyke, held California's open-carry ban unconstitutional in populous counties.
Applying the Supreme Court’s 2022 Bruen historical-tradition test, the panel found California’s open-carry restrictions inconsistent with historical gun-carry traditions in counties over 200,000 population.
The ruling invalidates the open-carry ban in counties housing roughly 95% of Californians, while smaller counties remain subject to licensing requirements.
The court left intact prohibitions on carrying concealed firearms in sensitive places—bars, parks, and other specified locations—maintaining certain public-safety limits despite the decision.
The panel partially revived Mark Baird’s 2019 Siskiyou County lawsuit challenging open-carry licensing in smaller counties; a dissent cautioned about broader statewide limits and implications.
Analysis
Center-leaning sources frame the story by emphasizing the legal and constitutional aspects of the ruling, highlighting the judges' reasoning and the broader implications for gun rights. They present a balanced view by including perspectives from both sides, such as the dissenting judge and state officials, while avoiding emotionally charged language. This approach underscores the legal debate without overt bias.