9th Circuit rules California open-carry ban violates Second Amendment
The 9th U.S. Circuit Court of Appeals ruled California's open-carry ban violates the Second Amendment, marking a victory for gun rights advocates in the state.
Overview
The 9th U.S. Circuit Court of Appeals ruled California's open carry ban violates the Second Amendment, representing a federal appellate decision in favor of gun rights advocates.
The decision came from appeals panels in California, potentially affecting how law enforcement and residents interpret open carry in public spaces.
It challenges state restrictions; the court's interpretation hinges on constitutional rights rather than public safety justifications in state enactments legislation.
The court applied strict scrutiny to open carry restrictions, requiring states to show a compelling interest and narrow tailoring in practice.
Advocates hailed the ruling as a defense of individual rights, while opponents warn it could complicate public safety or enforcement.
Analysis
Center-leaning sources report the Ninth Circuit decision neutrally, outlining the central legal question (open carry under Bruen), summarizing the majority's reliance on historical tradition and the dissent's criticisms, and highlighting possible en banc review or Supreme Court action. They quote both sides but avoid evaluative language or advocacy.
Sources (3)
FAQ
California Penal Code sections 25850 and 26350, which criminalize the open carriage of handguns for self-defense, particularly in counties with populations greater than 200,000.
History
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