A dissenting panel of federal judges for the Ninth Circuit on Friday deemed California’s open carry ban in most counties unconstitutional.The ruling comes following a challenge by Mark Baird, who the San Francisco Chronicle identifies as a gun owner from Siskiyou County. Baird specifically challenged California’s restriction on open carry in counties with a population greater than 200,000.(Video Above: California ammunition background check law is unconstitutional)The panel ruled 2-1 in Baird’s favor. In favor of Baird, Judge Lawrence VanDyke noted that the restrictions apply to roughly 95% of the state’s population. And for those counties with populations under 200,000, the judge notes that those wanting to open carry need to apply for a license allowing them to do so, but that the ability to secure the license is “unclear.””California admits that it has no record of even one open-carry license being issued, and one potential reason is that California has misled its citizens about how to apply for an open-carry license,” the ruling’s summary states, referring to the opinions of VanDyke and Judge Kenneth K. Lee. The panel held that the open carry ban was inconsistent with the Second Amendment’s right to bear arms as applied to states under the Fourteenth Amendment. It also referred to the standard applied in 2022’s New York State Rifle & Pistol Association v. Bruen, which established that “historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition.”Judge N. Randy Smith, who dissented in part, noted that “open carry is not conduct that is covered by the plain text of the Second Amendment.” Smith also noted that reasoning in the Bruen case allows California to lawfully eliminate one manner of public carry to protect citizens, “so long as its citizens may carry weapons in another manner that allows for self-defense.”Smith asserted that because California allows concealed carry, it may restrict open carry.While the court primarily sided with Baird, it also rejected his related challenge to California’s licensing requirements in counties with fewer than 200,000 residents. Those counties may issue open-carry permits.See the full ruling here. Gov. Gavin Newsom’s office slammed the ruling on social media Friday. “California just got military troops with weapons of war off of the streets of our cities, but now Republican activists on the Ninth Circuit want to replace them with gunslingers and return to the days of the Wild West. California’s law was carefully crafted to comply with the Second Amendment and we’re confident this decision will not stand,” the Newsom’s office said.KCRA 3 has reached out to California Attorney General Rob Bonta’s Office for comment.See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
A dissenting panel of federal judges for the Ninth Circuit on Friday deemed California’s open carry ban in most counties unconstitutional.
The ruling comes following a challenge by Mark Baird, who the San Francisco Chronicle identifies as a gun owner from Siskiyou County. Baird specifically challenged California’s restriction on open carry in counties with a population greater than 200,000.
(Video Above: California ammunition background check law is unconstitutional)
The panel ruled 2-1 in Baird’s favor.
In favor of Baird, Judge Lawrence VanDyke noted that the restrictions apply to roughly 95% of the state’s population. And for those counties with populations under 200,000, the judge notes that those wanting to open carry need to apply for a license allowing them to do so, but that the ability to secure the license is “unclear.”
“California admits that it has no record of even one open-carry license being issued, and one potential reason is that California has misled its citizens about how to apply for an open-carry license,” the ruling’s summary states, referring to the opinions of VanDyke and Judge Kenneth K. Lee.
The panel held that the open carry ban was inconsistent with the Second Amendment’s right to bear arms as applied to states under the Fourteenth Amendment. It also referred to the standard applied in 2022’s New York State Rifle & Pistol Association v. Bruen, which established that “historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition.”
Judge N. Randy Smith, who dissented in part, noted that “open carry is not conduct that is covered by the plain text of the Second Amendment.” Smith also noted that reasoning in the Bruen case allows California to lawfully eliminate one manner of public carry to protect citizens, “so long as its citizens may carry weapons in another manner that allows for self-defense.”
Smith asserted that because California allows concealed carry, it may restrict open carry.
While the court primarily sided with Baird, it also rejected his related challenge to California’s licensing requirements in counties with fewer than 200,000 residents. Those counties may issue open-carry permits.
Gov. Gavin Newsom’s office slammed the ruling on social media Friday.
“California just got military troops with weapons of war off of the streets of our cities, but now Republican activists on the Ninth Circuit want to replace them with gunslingers and return to the days of the Wild West. California’s law was carefully crafted to comply with the Second Amendment and we’re confident this decision will not stand,” the Newsom’s office said.
KCRA 3 has reached out to California Attorney General Rob Bonta’s Office for comment.
See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
