Federal Appeals Court Strikes Down California Open Carry Ban

Late last week a federal appeals court issued a significant ruling that shakes the foundation of how California regulates public carry of firearms. In Baird v. Bonta, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit found that California’s ban on open carry in its most populated counties runs afoul of the Second Amendment.

For years California had made it virtually impossible for residents in urban areas to exercise the right to carry openly. The state barred open carry in all counties with more than 200,000 people, which covers roughly 95 percent of the population. That left open carry as more theoretical than actual for most residents.

The panel, in a 2-1 decision, applied the standard established in New York State Rifle & Pistol Association v. Bruen, the Supreme Court case that reshaped how courts evaluate gun regulations. Under that test, modern restrictions have to align with the nation’s historical tradition of firearm regulation. According to the majority opinion, historical evidence shows open carry was a common and accepted practice at the Founding and well beyond.

Judge Lawrence VanDyke wrote the majority opinion. He noted that open carry was the default lawful method of carrying firearms throughout most of American history and remains widely allowed across more than thirty states today. California’s near-total ban in its urban counties, he concluded, could not be reconciled with the Constitution’s text or historical practice.

A dissenting judge argued that because California issues concealed carry permits, the state could lawfully limit one form of carry while preserving another. But the majority declined that reasoning, emphasizing that public carry rights cannot be effectively nullified by making one form off limits in most of the state.

This ruling does not instantly transform California into a free-carry state overnight. The decision is likely to be reviewed by the full Ninth Circuit or even appealed to the Supreme Court. California officials have already signaled they intend to fight the opinion.

Still, for gun owners and self-defense advocates, the ruling marks one of the clearest acknowledgments yet that open carry is a constitutional right, not a special privilege. It comes at a time when courts around the country are rethinking how far states can go in curbing the ways citizens carry firearms for personal protection.

Stay tuned as this case develops. More rulings are likely before the final chapter is written.