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California’s Open-Carry Ban: Gun Law Struck Down as Unconstitutional
Newsweek ^ | Jan 02, 2026 | Gabe Whisnant

Posted on 01/02/2026 11:51:19 PM PST by nickcarraway

A federal appeals court on Friday struck down California’s ban on openly carrying firearms in most parts of the state, ruling the restriction violates the Second Amendment.

In a 2-1 decision, a panel of the San Francisco-based 9th U.S. Circuit Court of Appeals sided with gun owner Mark Baird, finding that the state’s prohibition on open carry in counties with more than 200,000 residents is unconstitutional. About 95% of Californians live in those counties, which have been subject to some of the nation’s strictest gun-control laws.

Why It Matters

The ruling partially reverses a lower court’s 2023 decision that upheld the ban, which was challenged in 2019. While the panel largely agreed with Baird, it rejected his related challenge to licensing requirements in smaller counties that may issue open-carry permits.

What To Know

Circuit Judge Lawrence VanDyke, appointed by President Donald Trump, wrote for the majority that California’s law cannot stand under the U.S. Supreme Court’s landmark 2022 decision in New York State Rifle & Pistol Association v. Bruen. That ruling, issued by the court’s conservative majority, established a new test requiring gun restrictions to align with the nation’s historical tradition of firearm regulation.

(Excerpt) Read more at newsweek.com ...


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections; US: California
KEYWORDS: banglist; california; firearms; guns; nra; opencarry; secondamendment

1 posted on 01/02/2026 11:51:19 PM PST by nickcarraway
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To: nickcarraway

Wow...good.


2 posted on 01/03/2026 12:26:13 AM PST by Mr. Blond
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To: nickcarraway

This means I can open carry a gun and a bottle of whiskey.


3 posted on 01/03/2026 1:31:42 AM PST by minnesota_bound (Making money now. Still want much more.)
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To: minnesota_bound

“This means I can open carry a gun and a bottle of whiskey.”

Sounds like a Texas high school football team who are out having fun after their win.


4 posted on 01/03/2026 4:14:42 AM PST by EQAndyBuzz (Quiet! Quiet Piggy!)
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To: minnesota_bound

no matter how good someone has to rain on the parade.


5 posted on 01/03/2026 5:16:44 AM PST by riverrunner
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To: nickcarraway

This will probably be taken to an en banc panel of the Ninth Circuit.

Such has become a virtual tradition in the Ninth Circuit for opinions which support the Second Amendment.


6 posted on 01/03/2026 5:34:50 AM PST by marktwain (----------------------)
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To: nickcarraway
from another description:

'prohibits authorities from issuing permits to openly carry guns'

7 posted on 01/03/2026 5:40:38 AM PST by sasquatch (Do NOT forget Ashli Babbit! c/o piytar)
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To: minnesota_bound

Why not the illegals get away with it.

Every vote counts


8 posted on 01/03/2026 5:58:13 AM PST by Vaduz (?.)
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