The Second Amendment has been under attack in recent years. Many Americans are growing worried about it.
And a federal court fired off a ruling that has major consequences for the Second Amendment.
In a move that’s firing up Second Amendment supporters across the nation, the 9th U.S. Circuit Court of Appeals has declared California’s restrictive ban on openly carrying firearms unconstitutional.
This ruling hands a huge triumph to everyday gun owners battling against overreaching gun control in one of the bluest states in America.
The decision came down on Friday, flipping the script on California’s so-called “urban open-carry ban.” This law clamped down on carrying guns openly in counties with populations over 200,000, shutting out about 95% of the state’s residents from exercising their rights in public.
At the heart of the challenge was California gun owner Mark Baird, who took on the state in court. The appeals panel, in a 2-1 split, backed him up on the core issue, dismantling the ban that had been choking freedom.
Leading the charge was U.S. Circuit Judge Lawrence VanDyke, a sharp pick by President Donald Trump.
“Historical record makes unmistakably plain that open carry is part of this Nation’s history and tradition,” VanDyke declared.
He went further, emphasizing the timeless protection of these rights. “It was clearly protected at the time of the Founding and at the time of the adoption of the Fourteenth Amendment. There is no record of any law restricting open carry at the Founding, let alone a distinctly similar historical regulation.”
“California’s failure to satisfy its burden to present evidence of a relevant historical tradition of firearm regulation is dispositive with respect to California’s urban open-carry ban.”
This smackdown didn’t happen in a vacuum. It builds directly on the Supreme Court’s game-changing 2022 ruling in New York State Rifle & Pistol Association v. Bruen, which affirmed that Americans can carry firearms in public without jumping through endless hoops.
VanDyke pointed out how California stands alone in its extremism. Most states in the U.S. let folks open carry without issue, but California flipped that on its head back in 2012 with this urban ban.
“In doing so, California joined a tiny minority of states to have adopted such severe restrictions on open carry. In fact, California is the only state in the Ninth Circuit that has entirely banned open carry for the overwhelming majority of its citizens,” VanDyke stated.
On the other side, California Democratic Attorney General Rob Bonta fought tooth and nail to keep the ban intact. As a vocal champion of gun control measures both in the state and on the national stage, Bonta’s defense fell flat against the weight of constitutional history.
Joining VanDyke in the majority was Judge Kenneth Lee, another solid Trump appointee who saw through the state’s weak arguments. Together, they formed a powerhouse duo standing firm for individual liberties.
But the ruling wasn’t a total sweep for Baird. The panel turned down his push against licensing rules in smaller counties with under 200,000 people, leaving those requirements in place for now.
This appeals court win reverses a 2023 call from a district judge who had shot down the challenge to the open carry ban. That earlier rejection kept the status quo, but now the tide has turned.
Dissenting in part was Senior U.S. Circuit Judge N. Randy Smith, appointed by President George W. Bush. He argued that the appeals court “should have affirmed the district court.”
For patriots fed up with liberal strongholds like California trampling on gun rights, this ruling is a breath of fresh air.
It reminds Americans that even in deep blue territory, the Constitution still packs a punch when judges honor its original intent.
