Ninth circuit rules California's open carry restriction unconstitutional
Boom—a federal court just handed a major win to Second Amendment advocates by striking down California’s long-standing ban on openly carrying handguns.
In a groundbreaking 2-1 decision on Friday, a three-judge panel from the United States Court of Appeals for the Ninth Circuit declared the state’s open carry prohibition unconstitutional, arguing it clashes with the Supreme Court’s 2022 Bruen ruling, as Breitbart reports.
The panel, led by Judges Lawrence VanDyke and Kenneth Kiyul Lee—both appointed by President Donald Trump—found that California’s 2011 law fails the historical test set by Bruen, which demands modern gun rules align with founding-era traditions.
Historical Roots of Open Carry Upheld
Judge VanDyke, who penned the majority opinion, didn’t mince words when he highlighted the deep roots of open carry in American history.
“The historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition,” VanDyke wrote, pointing to its protection during both the Founding and the adoption of the Fourteenth Amendment.
Let’s unpack that: if open carry was good enough for the folks who built this country, why should California get to erase it with a stroke of progressive policy?
California’s Permit System Under Scrutiny
Interestingly, the panel didn’t toss out California’s requirement for an open carry permit, though they weren’t shy about slamming how it’s handled.
According to KCRA, the state has zero record of issuing even a single open carry license, with the panel suggesting California may have misled citizens on how to apply.
That’s a polite way of saying the state might be playing games—setting up a system that looks lawful on paper but functions as a de facto ban.
Majority of States Embrace Open Carry
Judge VanDyke also noted that open carry isn’t some fringe idea—it’s the norm across much of the nation.
He called it the “default lawful means” of carrying a firearm in most states, a reality check for those who paint gun rights as extremist.
California, often out of step with the heartland, now faces a ruling that aligns more with the rest of America than with Sacramento’s agenda.
Dissent and Potential Appeal Ahead
Not everyone on the panel agreed, with Judge N. Randy Smith—appointed by George W. Bush—dissenting from the majority’s view.
While the decision stands for now, California isn’t likely to roll over quietly; the state can appeal and request a full Ninth Circuit rehearing en banc.
So, while gun rights supporters celebrate this as a victory against overreach, the fight may be far from over—stay tuned for the next chapter in this constitutional showdown.






