Appeals panel says California’s ban on open carry in more populated counties is unconstitutional

SACRAMENTO  — A federal appeals panel has ruled that a California law prohibiting open carry of firearms in heavily populated counties is unconstitutional.

The ruling was issued Friday by two judges on a three-judge panel for the 9th U.S. Circuit Court of Appeals. The judges found that the state’s policy of limiting open carry to counties with a population of less than 200,000 is inconsistent with the Second Amendment.

“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,” they said in the decision.

The dissenting judge disagreed and said California could limit open carry in more populated areas because it allows for concealed carry throughout the state.

The ruling comes in a long-running debate over gun laws in the United States and in California, which has passed a series of restrictions.

It came after Mark Baird, a Siskiyou County resident, filed a lawsuit asking the courts to restore the historical practice of open carry being allowed.

Chuck Michel, president of the California Rifle & Pistol Association, said he expected state officials will seek a review of the ruling by the full appeals court.

“It’s a very significant opinion,” Michel said, adding that a key question in the case is how a 2022 Supreme Court decision expanding gun rights should be applied.

The press office for Gov. Gavin Newsom said in a statement on social media that the state’s law was carefully crafted to comply with the Second Amendment.

“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,” the statement said.