SACRAMENTO, Calif. (AP) – A significant ruling has been issued by a federal appeals panel regarding California's firearm laws. The 9th U.S. Circuit Court of Appeals declared that a California law banning the open carry of firearms in heavily populated counties is unconstitutional. This decision was delivered on Friday by two judges from a three-judge panel, who concluded that the state's policy, which restricts open carry to counties with populations of less than 200,000, contradicts the Second Amendment rights.
The judges specifically noted, "California’s legal regime is a complete ban on open carry in urban areas – the areas of the state where 95% of the people live." This ruling highlights the inequity of the law as it disproportionately affects urban residents who make up a vast majority of the state's population.
While two judges favored the ruling, the dissenting judge disagreed, asserting that California has the authority to impose limitations on open carry in more populous regions. The dissent emphasized that since concealed carry is permitted throughout the state, regulating open carry does not violate the Second Amendment.
This ruling emerges from a prolonged debate surrounding gun legislation in the United States, particularly in California, which has enacted numerous restrictions in recent years. The case was brought forward by Mark Baird, a resident of Siskiyou County, who sought to revive the historical practice of openly carrying firearms.
Chuck Michel, the president of the California Rifle & Pistol Association, commented on the ruling’s significance, expressing an expectation that state officials would pursue a review from the full appeals court. Michel pointed out that a central issue in this case revolves around the implications of a 2022 Supreme Court decision that broadened interpretations of gun rights.
In response to the appeals court ruling, the press office of Governor Gavin Newsom released a statement on social media, emphasizing that California's laws were carefully designed to adhere to Second Amendment principles. The statement criticized the ruling, suggesting it may lead to an influx of firearms in urban areas. It stated, "California just got military troops with weapons of war off of the streets of our cities, but now Republican activists on the Ninth Circuit want to replace them with gunslingers and return to the days of the Wild West."
This legal battle is a pivotal moment in California's ongoing struggle over gun control and the interpretation of the Second Amendment. As court decisions continue to shape the landscape of gun rights in the state, the ramifications of this ruling may have far-reaching effects on both legislation and public safety in urban areas.










