HomeLatest NewsUS appeals court strikes down California's open-carry ban in major Second Amendment...

US appeals court strikes down California’s open-carry ban in major Second Amendment ruling

Published on

Featured

Arizona Bill Requiring Firearm Safety Instruction in K-12 Schools Moves Forward

Key Takeaways Arizona Senate Bill 1424 advances through the legislature, requiring firearm safety instruction in...

Federal Judge Rejects DOJ Attempt to Limit USPS Gun Ban Ruling, Expands Protection to SAF and FPC Members

Key Takeaways A Texas federal court ruled that the ban on carrying firearms at post...

NEWYou can now listen to Fox News articles!

A federal appeals court on Friday struck down California’s ban on openly carrying guns across most of the state.

In a 2–1 decision, the San Francisco-based Court of Appeals for the 9th Circuit ruled California’s ban on open carry in counties with more than 200,000 people — covering roughly 95% of the state’s population — violates the Second Amendment, according to Reuters.

U.S. Circuit Judge Lawrence VanDyke, writing for the majority, said the ban conflicts with the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which requires gun regulations to be consistent with the nation’s “historical tradition of firearm regulation,” Reuters reported.

NRA SUES CALIFORNIA OVER BAN ON GLOCK-STYLE FIREARMS: ‘VIOLATES THE SECOND AMENDMENT’

“The historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition,” VanDyke wrote. “It was clearly protected at the time of the founding and at the time of the adoption of the Fourteenth Amendment.”

VanDyke also noted that California previously allowed residents to openly carry holstered handguns for self-defense without penalty until 2012.

CALIFORNIA’S CRACKDOWN ON ‘LESS-LETHAL’ WEAPONS SPARKS 2A LAWSUIT TARGETING NEWSOM ADMINISTRATION

Pistol hidden in belt

“That changed only when California enacted its urban open-carry ban barely over a decade ago in 2012,” he said. “In doing so, California joined a tiny minority of states to have adopted such severe restrictions on open carry.”

The decision overturned part of a 2023 ruling by a lower court that had dismissed a lawsuit filed in 2019 by gun owner Mark Baird, while rejecting his challenge to open-carry licensing in smaller counties, according to Reuters.

FEDERAL APPEALS COURT RULES CALIFORNIA AMMUNITION BACKGROUND CHECKS UNCONSTITUTIONAL

No Firearms sign

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

In October, the National Rifle Association (NRA) and other gun groups said they were suing California over the state’s ban on Glock-style guns with features known as switches that allow them to be converted to fully automatic weapons.

The NRA was joined by the Firearms Policy Coalition, Second Amendment Foundation, Poway Weapons & Gear, and two NRA members in challenging the state’s ban.

Fox News Digital’s Landon Mion contributed to this report.

Read the full article here

Latest articles

Benjamin Netanyahu Threatens To Reduce Iran’s Military “To Dust”

The war with Iran is now entering its third week. In light of escalations,...

Armed Citizen Engages Gunman Alongside Police After Deadly VA Clinic Shooting

Key Takeaways: A shooting occurred inside the Pickens VA Clinic in Jasper, Georgia, where employee...

US F-35 Damaged By Iranian Fire In First of War; Israeli Refinery Targeted, Iran’s Caspian Fleet Destroyed

F-35 stealth jet takes on Iranian fire, emergency landing: CNN Trump dials up threat, seeking...

1929 Replay Continues, Capstone Mystery, March is the New June

A bit of a circular ramble today as the 1929 Replay continues and digs...

More like this

Understanding the Overton Window

This article was originally published by Don Stacy II at The Mises Institute.  Commonly discussed...

Arizona Bill Requiring Firearm Safety Instruction in K-12 Schools Moves Forward

Key Takeaways Arizona Senate Bill 1424 advances through the legislature, requiring firearm safety instruction in...

Federal Judge Rejects DOJ Attempt to Limit USPS Gun Ban Ruling, Expands Protection to SAF and FPC Members

Key Takeaways A Texas federal court ruled that the ban on carrying firearms at post...