California Appeals Panel Declares Open Carry Ban Unconstitutional in Densely Populated Counties

A federal appeals panel has recently ruled that a California law, which prohibits the open carry of firearms in heavily populated counties, is unconstitutional. This significant decision was issued on Friday by two judges from a three-judge panel of the 9th U.S. Circuit Court of Appeals.

The judges determined that California’s policy, which restricts open carry to counties with populations of less than 200,000, is inconsistent with the Second Amendment. They stated, “California’s legal regime is a complete ban on open carry in urban areas — the areas of the state where 95% of the people live.” This ruling highlights the ongoing tension between state laws and constitutional rights regarding firearm possession.

However, the decision was not unanimous. The dissenting judge argued that California has the right to limit open carry in more populated areas, especially since the state allows concealed carry throughout its jurisdiction. This disagreement underscores the complexities and differing interpretations of gun rights within the legal system.

This ruling is part of a long-standing debate over gun laws in the United States, particularly in California, which has enacted a series of restrictions aimed at controlling firearm access. The case was initiated by Mark Baird, a resident of Siskiyou County, who filed a lawsuit seeking to restore the historical practice of open carry.

Chuck Michel, the president of the California Rifle & Pistol Association, expressed his expectation that state officials would seek a review of the ruling by the full appeals court. “It’s a very significant opinion,” Michel noted, emphasizing that a crucial aspect of the case is how a 2022 Supreme Court decision, which expanded gun rights, should be applied in this context.

In response to the ruling, the press office for Governor Gavin Newsom released a statement on social media, asserting that California’s law was carefully crafted to comply with the Second Amendment. The statement read, “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.” This comment reflects the polarized views surrounding gun legislation and public safety in the state.

Copyright 2026 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Topics
California

A federal appeals panel has recently ruled that a California law, which prohibits the open carry of firearms in heavily populated counties, is unconstitutional. This significant decision was issued on Friday by two judges from a three-judge panel of the 9th U.S. Circuit Court of Appeals.

The judges determined that California’s policy, which restricts open carry to counties with populations of less than 200,000, is inconsistent with the Second Amendment. They stated, “California’s legal regime is a complete ban on open carry in urban areas — the areas of the state where 95% of the people live.” This ruling highlights the ongoing tension between state laws and constitutional rights regarding firearm possession.

However, the decision was not unanimous. The dissenting judge argued that California has the right to limit open carry in more populated areas, especially since the state allows concealed carry throughout its jurisdiction. This disagreement underscores the complexities and differing interpretations of gun rights within the legal system.

This ruling is part of a long-standing debate over gun laws in the United States, particularly in California, which has enacted a series of restrictions aimed at controlling firearm access. The case was initiated by Mark Baird, a resident of Siskiyou County, who filed a lawsuit seeking to restore the historical practice of open carry.

Chuck Michel, the president of the California Rifle & Pistol Association, expressed his expectation that state officials would seek a review of the ruling by the full appeals court. “It’s a very significant opinion,” Michel noted, emphasizing that a crucial aspect of the case is how a 2022 Supreme Court decision, which expanded gun rights, should be applied in this context.

In response to the ruling, the press office for Governor Gavin Newsom released a statement on social media, asserting that California’s law was carefully crafted to comply with the Second Amendment. The statement read, “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.” This comment reflects the polarized views surrounding gun legislation and public safety in the state.

Copyright 2026 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Topics
California