Federal Appeals Court Says California Open-Carry Ban Is Unconstitutional

Federal Appeals Court Says California Open-Carry Ban Is Unconstitutional

The New York Timesgeneral

Key Points:

  • A federal appellate court ruled that California's ban on openly carrying firearms is unconstitutional, violating the Second Amendment.
  • The Ninth Circuit Court of Appeals cited a 2022 Supreme Court ruling requiring gun laws to be evaluated based on historical firearm regulation traditions.
  • The court's majority opinion noted that openly carrying weapons was a common and protected practice in the 18th century and at the time of the 14th Amendment's adoption.
  • The case originated from Mark Baird's 2019 lawsuit challenging California's restrictions, which prohibit open carry in counties with populations over 200,000, affecting 95% of residents.
  • The court found California's licensing process for open carry in less populated counties to be effectively impossible, reinforcing