A significant legal battle concluded Friday as a federal appeals court dismantled California’s longstanding prohibition on openly carrying firearms. The ruling dramatically alters the landscape of gun rights within the state, impacting a vast majority of its population.
The Ninth Circuit Court of Appeals, in a 2-1 decision, determined that California’s ban – affecting counties with populations exceeding 200,000, encompassing roughly 95% of the state – infringes upon Second Amendment rights. This decision marks a turning point in the ongoing debate over firearm regulation.
Judge Lawrence VanDyke, delivering the majority opinion, anchored the ruling in the Supreme Court’s 2022 *Bruen* decision. *Bruen* established that any gun control measure must align with the historical tradition of firearm regulation in the United States.
VanDyke’s analysis revealed a clear historical precedent for open carry. He asserted that open carry is deeply woven into the nation’s history, explicitly protected during the founding era and following the adoption of the Fourteenth Amendment. This historical context proved pivotal to the court’s decision.
The court also highlighted a shift in California’s own policies. Until 2012, residents could legally carry holstered handguns openly for self-defense without facing legal repercussions. The current, restrictive ban was a relatively recent development, enacted just over a decade ago.
This ruling effectively overturns a 2023 lower court decision that had previously dismissed a lawsuit brought by gun owner Mark Baird in 2019. While Baird’s challenge to open-carry licensing in less populated counties was not successful, the core of his argument regarding the broader ban prevailed.
The legal challenges surrounding firearms in California extend beyond open carry. Just last October, the National Rifle Association, alongside other gun rights organizations, initiated a lawsuit contesting the state’s ban on Glock-style guns equipped with “switches” – devices that can convert them into fully automatic weapons.
This latest suit, spearheaded by the NRA and groups like the Firearms Policy Coalition and Second Amendment Foundation, underscores the continuing legal scrutiny of California’s gun control measures and the ongoing fight to define the boundaries of Second Amendment rights.
