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California’s Open-Carry Ban: Gun Law Struck Down as Unconstitutional

California’s Open-Carry Ban: Gun Law Struck Down as Unconstitutional

Summary

A federal appeals court ruled that California's ban on openly carrying firearms in most areas is unconstitutional. The decision affects counties with more than 200,000 residents, covering nearly all urban parts of the state. The ruling follows a 2022 Supreme Court decision that guides how gun laws align with historical practices.

Key Facts

  • A federal appeals court struck down California's open-carry gun ban, calling it unconstitutional.
  • The ruling impacts counties with over 200,000 residents, covering about 95% of California's population.
  • The decision reversed a lower court ruling from 2023 that had upheld the ban.
  • The appeals court cited the 2022 Supreme Court case, New York State Rifle & Pistol Association v. Bruen, which influenced this judgment.
  • Circuit Judge Lawrence VanDyke, appointed by President Trump, wrote the majority opinion.
  • Judge N. Randy Smith dissented, arguing some restrictions comply with the Supreme Court's standards.
  • California's open-carry ban had been among the strictest in the U.S.
  • Gun-rights supporters view the decision as a victory, while supporters of the ban believed it helped law enforcement and public safety.

Source Information