Sonora, CA—A United States appeals court ruled on Friday that California’s restriction on openly carrying weapons throughout much of the state was unconstitutional.
In a 2-1 ruling, a panel of the 9th U.S. Circuit Court of Appeals in San Francisco sided with a gun owner, finding that the state’s ban on open carry in counties with more than 200,000 residents violated the Second Amendment right to keep and bear arms as guaranteed by the Constitution. Those counties make up about 95% of the state’s population.
One of the two judges appointed by President Donald Trump, U.S. Circuit Judge Lawrence VanDyke, said the state’s law could not stand under the U.S. Supreme Court’s 2022 landmark gun rights ruling in New York State Rifle & Pistol Association v. Bruen. In that case, the court’s 6-3 conservative supermajority established a new legal test for firearms restrictions that must be “consistent with this nation’s historical tradition of firearm regulation.”
In the case of Mark Baird versus California Attorney General Rob Bonta, VanDyke argued that open carry existed before the 1791 Bill of Rights was enacted and that more than 30 states currently allow open carry.
“The historical record makes unmistakably plain that open carry is part of this nation’s history and tradition,” VanDyke stated.
While the appeals court largely supported Baird, it dismissed his challenge to California’s licensing requirements for open-carry permits in smaller counties. Judge N. Randy Smith, appointed by George W. Bush, dissented, arguing that the court “got this case half right” and that California’s restrictions were in accordance with the Supreme Court’s ruling.
A spokesperson for California Attorney General Rob Bonta (D) said the office is considering options in response to a recent Second Amendment ruling, emphasizing a commitment to defending the state’s gun laws. This suggests an appeal might be forthcoming. California allowed residents to openly carry firearms for self-defense until the 2012 ban was enacted. This latest ruling is significant, as it could have far-reaching implications for gun laws in California and potentially other states.
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