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Posted on 01/03/2026 9:27:42 AM PST by Navy Patriot
A federal appeals court ruled Friday that California's ban on openly carrying guns in most parts of the state is unconstitutional.
A panel of the San Francisco-based 9th U.S. Circuit Court of Appeals sided 2-1 with a gun owner in ruling that the state's prohibition against open carry in counties with more than 200,000 people violated the Constitution's Second Amendment right to keep and bear arms.
About 95% of California residents live in counties of that size.
The state has had some of the nation's strictest gun control laws.
U.S. Circuit Judge Lawrence VanDyke said the Democrat-led state's law could not stand under the Supreme Court's 2022 landmark gun rights ruling.
That decision, New York State Rifle & Pistol Association v. Bruen, was issued by the court's 6-3 conservative supermajority and established a new legal test for gun restrictions. The test said they must be "consistent with this nation's historical tradition of firearm regulation."
VanDyke, whose opinion on Friday was joined by another appointee of President Donald Trump, said the latest case "unquestionably involves a historical practice — open carry — that predates ratification of the Bill of Rights in 1791."
He noted that more than 30 states generally allow open carry. California itself allowed citizens to carry handguns openly and holstered for self-defense without penalty until 2012, he said.
"The historical record makes unmistakably plain that open carry is part of this Nation's history and tradition," VanDyke wrote.
The ruling partially reversed a 2023 decision by a lower-court judge who had rejected a 2019 challenge to the law by gun owner Mark Baird.
(Excerpt) Read more at newsmax.com ...
They'll try again.
WHAT??!! The 9th Circus actually handed down a pro-Constitution decision!
Kalifornia surely won’t quit. They’ll take it as far as they can.
This is isn’t the first IIRC. They’ve had a few sane decisions in recent times.
One highly suspects that an en banc session might just be forthcoming.
That said, from the ruling of the 3 judge panel U.S. Circuit Judge Lawrence VanDyke said the Democrat-led state's law could not stand under the Supreme Court's 2022 landmark gun rights ruling.
The test will be when the MooseLimbs are carrying.
Will folks get all wee-weed up?
Reagan shat the bed when the Panthers carried long rifles defending THEIR rights.
Constitutional Carry is just that.
A personal right, not a special dispensation from Goobermint.
What is it 10-15 years this has been litigated over and over again? I expect CA to sue on other grounds and start the process all over again. They’ve perfected the practice.
Yep, they will. I remember open carry was allowed in San Francisco a couple dozen years ago. Then Dianne Feinstein worked to block it. Then she worked to ban guns of many types in California. All while having a permit to carry for herself in SF, one of only a half dozen allowed. The hypocrite is dead, but her actions live on.
You are most likely correct.
Ping.
This might allow law abiding citizens to level up with the gang bangers.
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