In a massive win for Second Amendment rights, a divided panel of the U.S. Court of Appeals for the Ninth Circuit on Friday struck down a California law banning the open carrying of firearms in counties with more than 200,000 residents, ruling the restriction unconstitutional and reopening the practice across areas where roughly 95 percent of the state’s population lives.
In a 2–1 decision, the court held that the law violates the Second Amendment, siding with gun owner Mark Baird, who filed suit in 2019 challenging the prohibition. The ruling partially overturns a 2023 district court decision that had upheld the statute.
Writing for the majority, U.S. Circuit Judge Lawrence VanDyke, an appointee of former President Donald Trump, said the ban conflicts with the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which requires gun regulations to align with the nation’s historical traditions, explained NBC News.
“The latest case unquestionably involves a historical practice — open carry — that predates ratification of the Bill of Rights in 1791,” VanDyke wrote.
VanDyke noted that more than 30 states currently permit some form of open carry and that California itself allowed unlicensed open carry of holstered handguns for self-defense until 2012. “The historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition,” he said.
The panel invalidated the population-based ban but upheld California’s permitting system for open carry in counties with fewer than 200,000 residents.
Senior Circuit Judge N. Randy Smith, appointed by former President George W. Bush, dissented in part, arguing the majority “got this case half right” and that California’s broader regulatory framework is consistent with Supreme Court precedent.
California defended the law through the office of Attorney General Rob Bonta, whose representatives did not immediately comment. Baird’s attorney also declined to comment to NBC.
State officials will likely seek rehearing by the full Ninth Circuit or appeal to the Supreme Court.
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