A federal appeals court has ruled that California’s restrictions on openly carrying firearms in most of the state violate the Second Amendment.
The San Francisco-based Ninth U.S. Circuit Court of Appeals delivered a 2–1 decision on Friday, siding with gun owner Mark Baird, who challenged the law.
The contested statute prohibited open carry of firearms in counties with populations over 200,000, affecting areas where roughly 95 percent of Californians live.
The court found that the restriction unlawfully infringes on the constitutional right to keep and bear arms, effectively invalidating one of the state’s strictest gun control measures.
Writing for the majority, U.S. Circuit Judge Lawrence VanDyke cited the Supreme Court’s 2022 Bruen decision, which requires modern gun regulations to align with historical traditions of firearm control.
VanDyke noted that open carry existed before the Bill of Rights in 1791 and remains lawful in more than 30 states. California itself allowed openly carrying handguns for self-defence until 2012.
The ruling overturns part of a 2023 lower-court decision that had dismissed Baird’s 2019 lawsuit but did not invalidate open-carry licensing rules in smaller counties, where local authorities retain discretion.
Senior Circuit Judge N. Randy Smith dissented, arguing California’s regulations comply with the Supreme Court’s standard and describing the majority’s reasoning as flawed.
California Attorney General Rob Bonta’s office said it is reviewing options, reaffirming the state’s commitment to what it called “common-sense gun safety laws.”
The decision adds to a wave of legal challenges nationwide following the 2022 Bruen ruling, which has reshaped the debate over firearm regulations across the United States.
