Ninth Circuit Finds California Open-Carry Ban Unconstitutional in Large Counties; Licensing in Small Counties Remains
A Ninth Circuit panel ruled 2-1 that California's open-carry ban violates the Second Amendment in counties over 200,000, while licensing for counties remains, signaling challenges.
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Overview
Plaintiff Mark Baird, challenging historic open carry in Siskiyou County, won on some points, but the panel upheld California’s open-carry licensing regime in counties under 200,000.
Ruling 2-1, the Ninth Circuit found California's open-carry ban unconstitutional in counties over 200,000, marking a broad Second Amendment victory.
Under Bruen's standard, California's gun restrictions—open-carry ban included—are argued to fail because laws must align with historical tradition of firearm regulation.
Historically, California allowed unregulated public carry from 1850 until the 1967 Mulford Act, with urban-area bans enforced only since 2012.
Open carry remains broadly legal nationwide, with more than 30 states permitting it, including in densely populated urban areas, contrasting California's more restrictive approach.
Analysis
Center-leaning sources present a neutral account of the Ninth Circuit ruling, citing the panel’s decision and dissent, statements from Gov. Newsom’s office, and comments from gun-rights advocates. They emphasize legal context and the broader gun-law debate, while avoiding editorial judgments or a single narrative.