Federal Appeals Court Rules Blue State’s Open Carry Ban Is Unconstitutional

A federal appeals court ruled on Friday that California’s ban on openly carrying firearms in most parts of the state is unconstitutional.

The San Francisco-based 9th U.S. Circuit Court of Appeals ruled 2-1 in favor of a gun owner, which struck down the state’s ban on open carry in counties with more than 200,000 residents.

BREAKING: The 9th Circuit just STRUCK DOWN California’s draconian ban on open carry of firearms due to its unconstitutionality

GREAT NEWS!

This must remain the case. The 2nd Amendment is clear: “SHALL NOT BE INFRINGED” pic.twitter.com/65Gw840Qem

— Eric Daugherty (@EricLDaugh) January 2, 2026

Reuters has more:

About 95% of the population in California, which has had some of the nation’s strictest gun-control laws, live in counties of that size.

U.S. Circuit Judge Lawrence VanDyke, who was appointed by Republican President Donald Trump, said the Democratic-led state’s law could not stand under the U.S. Supreme Court’s 2022 landmark gun ⁠rights ruling.

That decision, New York State Rifle & ‌Pistol Association v Bruen, was issued by the court’s 6-3 conservative super-majority and established a new legal test for firearms restrictions. The test said they must be “consistent ‍with this nation’s historical tradition of firearm regulation.”

VanDyke, whose opinion on Friday was joined by another Trump appointee, said the latest case “unquestionably involves a historical practice — open carry — that predates ratification of the Bill of Rights in 1791.”

“The court held CA failed Bruen — history protects open carry. This is a massive blow to CA’s carry scheme,” Gun Owners of California commented.

HUGE 2A WIN

Today, a 3-judge Ninth Circuit panel struck down California’s open-carry ban in counties where 95% of Californians live.

The court held CA failed Bruen — history protects open carry.

This is a massive blow to CA’s carry scheme.https://t.co/sgHZPohhon

— Gun Owners of CA (@GunOwnersCA) January 2, 2026

Newsweek shared further:

He noted that more than 30 states generally allow open carry and that California itself permitted citizens to carry holstered handguns for self-defense until 2012.

“The historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition,” VanDyke said.

Judge N. Randy Smith, appointed by former President George W. Bush, dissented, saying his colleagues “got this case half right” and arguing that all of California’s restrictions comply with the Supreme Court’s standard.

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The decision is the latest in a wave of legal challenges to modern gun laws following the Bruen ruling. That case struck down New York’s concealed-carry restrictions and prompted lawsuits nationwide targeting state and local firearm regulations.

Newsweek has reached out to Democratic California Attorney General Rob Bonta’s office, which previously defended the ban, along with the state’s Democratic Governor Gavin Newsom, for comment.

The state’s open-carry ban applied to counties with populations over 200,000, effectively covering nearly all urban and suburban areas. Residents in smaller counties could apply for permits, but the appeals court said that distinction violated constitutional protections for most Californians.

Any thoughts?