Federal Appeals Court Strikes Down California Ban on Open Carry of Firearms

The ban violates a landmark U.S. Supreme Court ruling because open carry is ‘part of this Nation’s history and tradition,’ the new ruling says.

Two men with their firearms at the Utah State Capitol in Salt Lake City, Utah, on Feb. 8, 2020. George Frey/AFP via Getty Images

A divided federal appeals court on Jan. 2 struck down California’s ban on open carry of firearms in most parts of the state, finding it violates the U.S. Constitution’s Second Amendment.

A panel of the U.S. Court of Appeals for the Ninth Circuit ruled 2–1 in favor of a gun owner, finding the state prohibition on open carry of guns in counties that have more than 200,000 residents violates the constitutional right to keep and bear arms.