San Francisco, California — A federal appeals court has ruled that California’s long-standing ban on openly carrying firearms in most public places violates the Second Amendment, marking a significant expansion of gun rights in the nation’s most populous state.
In a 2–1 decision issued Friday, the 9th U.S. Circuit Court of Appeals held that California’s prohibition on open carry in counties with populations over 200,000 people conflicts with the Supreme Court’s modern Second Amendment framework. The court said the law effectively barred open carry for the vast majority of Californians and could not be justified under the nation’s historical tradition of firearm regulation.
Writing for the majority, Judge Lawrence VanDyke said open carry was widely accepted at the time of the nation’s founding and historically viewed as central to the right to bear arms. Judge Kenneth Lee, who joined the opinion, criticized California for what he described as obscuring gun rights in smaller counties where limited open carry remains legal.
The ruling builds on the Supreme Court’s 2022 decision striking down New York’s “proper cause” requirement for concealed carry permits, a case that reshaped how courts evaluate gun laws nationwide. Since then, several firearm restrictions across the country have been invalidated under the same historical test.
In dissent, Judge N. Randy Smith argued that California’s law should stand because the state allows concealed carry, asserting that states may regulate the manner of public carry so long as one option remains available.
The decision adds to ongoing legal uncertainty as the Supreme Court prepares to hear additional Second Amendment cases this term that could further redefine the scope of gun regulation.
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