California Appeals Court Rules Gun Carry Ban Unconstitutional

In January 2026, a panel of the San Francisco-based Ninth U.S. Circuit Court of Appeals issued a 2-1 ruling declaring California's ban on openly carrying firearms in most of the state unconstitutional. The decision found that the state's prohibition against open carry in counties with populations exceeding 200,000 violated the Second Amendment of the U.S. Constitution. This particular ban impacts approximately 95% of California's population. The appeals court's ruling was influenced by the U.S. Supreme Court's 2022 landmark gun rights decision, New York State Rifle & Pistol Association v. Bruen, which established a new legal test for firearm restrictions, requiring them to be 'consistent with this nation's historical tradition of firearm regulation.' U.S. Circuit Judge Lawrence VanDyke, a Trump appointee, authored the majority opinion, stating that California's law could not stand under the Bruen precedent. He emphasized that the case 'unquestionably involves a historical practice – open carry – that predates ratification of the Bill of Rights in 1791.' Judge VanDyke noted that open carry has been the default manner of lawful firearm carry for most of American history and remains the norm in over 30 states. Senior U.S. Circuit Judge N. Randy Smith dissented, asserting that all of California's restrictions complied with the Supreme Court's ruling.