California open-carry ban ruled unconstitutional by 9th U.S. Circuit Court

A 9th U.S. Circuit Court of Appeals panel ruled 2-1 that California's ban on openly carrying firearms in counties with more than 200,000 residents violates the U.S. Constitution.

An appeals court has ruled that California's ban on openly carrying firearms in most parts of the state is unconstitutional. A three-judge panel of the 9th U.S. Circuit Court of Appeals issued a 2-1 decision on Jan. 2. The majority said the prohibition in counties with more than 200,000 residents runs afoul of the U.S. Constitution's Second Amendment. The decision follows the U.S. Supreme Court's 2022 ruling that set a historical-tradition test for firearm regulations. Key points: - The 9th Circuit panel ruled 2-1 that California's ban on open carry in counties with over 200,000 people is unconstitutional. - Judge Lawrence VanDyke, joined by another judge on the panel, said open carry predates the Bill of Rights and fits the historical test established in the 2022 Supreme Court decision. - The appeals court partly reversed a 2023 lower-court decision but rejected the challenger's claim against licensing requirements in smaller counties that may issue open-carry permits. Summary: The appeals court's ruling invalidates the state's general prohibition on openly carrying firearms in the most populous counties, affecting a large share of California residents. Undetermined at this time.