(San Francisco, January 8, 2026) — A federal appeals court struck down California’s ban on openly carrying firearms in most populated areas Friday, ruling the restriction violates the Second Amendment. The court found the law unconstitutional because it cannot be justified under the nation’s historical tradition of firearm regulation.
The Ninth Circuit Court of Appeals determined California’s open-carry ban places an undue burden on the right to bear arms.
- A 2–1 panel decision from the U.S. Court of Appeals for the Ninth Circuit invalidated California’s open-carry ban.
- The court determined the ban fails to align with historical firearm regulations at the time of the nation’s founding.
- The ruling follows a 2022 Supreme Court decision expanding Second Amendment protections.
In a 2–1 decision, the Ninth Circuit panel determined California’s law, which prohibits open carry in counties with populations exceeding 200,000, imposes more than a minimal burden on the right to keep and bear arms, as protected by the Second Amendment.
Why It Matters
This ruling represents a significant victory for gun rights advocates and a potential shift in the legal landscape surrounding firearm regulations. The decision underscores a growing trend of courts applying stricter scrutiny to gun control laws in light of the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen. That case established that gun regulations must be consistent with the nation’s historical tradition of firearm regulation. This ruling could prompt similar legal challenges to open-carry bans in other states with comparable restrictions.
Writing for the majority, Justice Lawrence VanDyke called the case “straightforward,” stating that open carry was not prohibited at the nation’s founding and was historically considered constitutionally protected conduct. “In our Nation’s history and tradition, open carry was widely recognized as being central to the Second Amendment right,” VanDyke wrote. “A ban on that which is at the core of the Second Amendment is not a ‘minimal burden’ on the Second Amendment right.”
The lawsuit challenging the California law was initially filed in 2019 and gained momentum following the 2022 Supreme Court decision. According to reporting by The Hill, the Bruen decision has triggered a wave of rulings nationwide, with judges overturning gun laws that had previously been upheld.
Justice Kenneth Lee, in a separate opinion, criticized California for potentially misleading residents in smaller counties – where the open-carry ban does not apply – regarding their right to carry firearms. “Our constitutional rights,” Lee wrote, “should not hinge on a Where’s Waldo quiz,” The Hill reported.
The court did not dismantle California’s open-carry licensing system in the smaller counties, noting that the plaintiff, Mark Baird, had waived arguments related to that aspect of the law. In dissent, Judge N. Randy Smith, a George W. Bush appointee, argued the majority misinterpreted Supreme Court precedent, asserting that states can prohibit one form of public carry – either open or concealed – as long as another legal option remains available.
Time.news based this report in part on reporting by the New York Post and added independent analysis and context.
