California’s ban on openly carrying guns is unconstitutional, appeals court rules
BY Herschel Smith
1 day, 11 hours ago
A U.S. appeals court on Friday ruled that California’s ban on openly carrying firearms in most parts of the state was 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 U.S. Constitution’s Second Amendment right to keep and bear arms.
About 95% of the population in California, which has had some of the nation’s strictest gun-control laws, live in counties of that size.
U.S. Circuit Judge Lawrence VanDyke, who was appointed by Republican President Donald Trump, said the Democratic-led state’s law could not stand under the U.S. 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 super-majority and established a new legal test for firearms 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 Trump appointee, 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 said.
There is also coverage here.
My position on open carry has never changed. I really don’t care what you think about it. For the state to dictate the manner in which a man must carry his weapons is tyranny.
I predict: (1) the state will appeal it to be heard en banc, or (2) Newsome’s LE and the California legislation will simply ignore the ruling, and because “conservatives” must obey the courts and tyrants never do and always get away with it, nothing will change.
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On January 6, 2026 at 1:47 pm, Paul B said:
Used to only guys with nefarious intentions carried concealed. Now the guys who open carry are looked down on. Go figure.
On January 6, 2026 at 9:43 pm, X said:
“Newsome’s LE and the California legislation will simply ignore the ruling, and because “conservatives” must obey the courts and tyrants never do and always get away with it, nothing will change.”
My understanding is that when cops want to fuck with people where OC is legal, they just arrest them of “Disorderly Conduct” or “Disturbing the Peace” or some bullshit like that.
The charges will get dropped… you can beat the rap but not the ride.