Appeals court rules California's open-carry ban is unconstitutional

California’s ban on the open carry of firearms in most parts of the state is unconstitutional, a San Francisco-based federal appeals court ruled Friday.

- BY CLARA HARTER AND DEBORAH NETBURN

The 9th U.S. Circuit Court of Appeals determined that the ban, which applied to counties with populations greater than 200,000, violates residents’ 2nd Amendment right to keep and bear arms. Under those regulations, 95% of the state's population was subject to the ban.

Gov. Gavin Newsom suggested the state will probably appeal the ruling, which would otherwise go into effect within seven to 21 days.

"California's law was carefully crafted to comply with the Second Amendment and we're confident this decision will not stand,” he said in a post on X.

The 2-1 opinion was supported by two appointees of President Trump, U.S. Circuit Judges Lawrence VanDyke and Kenneth Kiyul Lee. U.S. Circuit Judge N. Randy Smith, an appointee of former President George W. Bush, dissented.

VanDyke, writing for the majority, stated that California’s urban ban on opencarry permits does not stand under the Supreme Court's landmark gun rights ruling New York State Rifle & Pistol Assn. vs. Bruen. That 2022 decision made it much easier to carry a gun in public by striking down laws that required people to show It also established a test for determining whether a state’s gun regulations violate the Constitution by requiring that restrictions are consistent with “the historical tradition that delimits the outer bounds of the right to keep and bear arms.”