The Ninth Circuit Court of Appeals struck down California's open-carry ban in counties with more than 200,000 residents, ruling 2-1 that the prohibition violates the Second Amendment. The decision affects 95% of California's population and creates a direct split with other federal circuits.

Los Angeles and San Francisco counties would need to offer open-carry permits under this ruling. The case creates a circuit split with the Second Circuit's Frey v. City of New York decision—and circuit splits make Supreme Court review more likely.

Why it matters: This ruling dismantles a core piece of California's gun control framework and could force the state to allow open-carry permits in major metropolitan areas. More than 30 states currently allow open carry, including states with significant urban populations.

• Judge Lawrence VanDyke applied the Supreme Court's 2022 Bruen decision and found California's historical analogies insufficient. The state pointed to 19th-century affray laws and selectively enforced ordinances, but the court rejected these as "distinctly similar" precedents.

"The historical record makes unmistakably plain that open carry is part of this Nation's history and tradition."
— Judge Lawrence VanDyke, majority opinion

Judge Lee's concurrence revealed California's apparent "subterfuge" in rural counties. Not a single open-carry license has ever been issued in the state. Applicants must navigate a 17-page concealed-carry form that never mentions open carry. Lee compared the state's practices to deceptive business conduct California routinely prosecutes.

Senior Judge N. Randy Smith partially dissented, arguing his colleagues "got this case half right." He would have upheld the urban ban entirely, reasoning that Bruen protects "public carry" generally rather than specific methods.

What's next: California Attorney General Rob Bonta's office said it's "considering its options."

• The case could proceed to en banc review by the full Ninth Circuit
• Or it could go directly to the Supreme Court given the circuit split
• Open carry remains prohibited while enforcement continues
• The ruling only invalidates the population-based ban—it doesn't create immediate carry rights

The bottom line: California faces a choice between creating a statewide open-carry licensing system or watching its gun control framework crumble through continued litigation.

Go deeper:

• Ninth Circuit decision analysis
• Full court ruling details

Read the original article in The Handbook | By Steve Duskett

Join the Discussion

With this ruling potentially opening up California's carry laws, how do you think this affects the broader conversation around permitless carry versus permit-shall-issue in other states?